You are eligible to receive pay for local travel time only if you are a non-exempt employee (meaning: you are employed on an hourly basis). January 15, 2019, Los Angeles, CA - Court Awards Kaiser Employee $1,228,721.96 In Wrongful Termination Case, Represented By Jeffrey Rager. It is illegal for an employer to retaliate … An employer in Los Angeles and elsewhere in California is required to compensate his employees for any time spent traveling away from home. The employer must use a “weighted average” to obtain a regular rate of pay for overtime purposes. Non-exempt employees (regular, limited term or temporary) must be compensated for time spent traveling based on the guidelines outlined below. However, the employee must be paid for all … Our Los Angeles wrongful termination lawyer at Rager Offices Law explains that California employers are typically required to compensate their employee for spending any time that is under the employerâs control. 4th 968, 975. Hourly employees, meanwhile, should be paid on an hourly basis, which means travel time may not be as easy to calculate. Federal Paid Sick Leave Rights (2020): A Comprehensive Guide for Employees Coronavirus: A Guide to California Workers' Rights. The Court also warned that employee cannot waive the right to be fully reimbursed for their actual expenses: Ridesharing: An employer is not required to compensate an employee for time spent in company provided transportation from a pick up point to the work site so long as participation is entirely voluntary. Disney prohibited employees from parking close to the park and provided a mandatory shuttle service from the employee parking lot. (To learn the rules on eligibility and accrual, see our article on California paid sick leave) Vacation Accrual. Plaintiffs alleged three causes of action: failure to pay the minimum wage, failure to pay wages timely, and unfair business practices. Call our Los Angeles offices at 310-527-6994 or fill out this contact form today. In general, your business should pay employees for the time they spend traveling for work-related activities. HR Manual sections 2201 – Travel and Relocation Policy and 2203 – Allowances and Travel Reimbursements provide additional travel policy information, including lodging reimbursement policy and the excess lodging request approval process. 4th 575, 583(2000). Once an employee reports to work, any work related travel occurring during the day is compensable. Staring And Leering At Work â When Does This Become Sexual Harassment. Contact Rager Offices Law for a free case evaluation. If your employee is clocking a lot of travel hours, he may need to be paid at an overtime rate. to represent wrongful termination clients in other locations. Copyright 2020 SV Employment Law Firm PC | Legal Notice, Employment Compliance and Strategic Counseling, http://www.merriam-webster.com/dictionary/commute, Update for California Employers – There are New Emergency Regulations For The Handling Of COVID-19 Issues, California Court of Appeal Finds Overbroad Confidentiality Agreements Can Violate California’s Ban on Restrictive Covenants and be Grounds to Overturn an Arbitration Award, California Voters Help App-based Transportation Companies by Approving Proposition 22, Case Alert — An Arbitrator’s Power To Order Third Party Discovery Depends On The Applicable Arbitration Language. In general, vacation accrues over time as an employee works. See 29 CFR § 785.35One exception to this general rule is when an employee’s workday has ended and they are called back to work. One and one-half times the employee's regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and In other words, an employer is required to compensate for travel if the time falls into either or both categories. ... Travel and Relocation Policy. You don't have to pay employees for travel that is incidental to the employee's duties and time spent commuting (traveling between home and work). Travel expenses should be compensated by your employer, as employees can generally deduct unreimbursed travel expenses. The payment policies reimburse interpreters for mileage, travel time, and excess pay in specific circumstances; define the full and half-day session; provide a cancellation fee under certain conditions; and allow for payment above the Yes; however, as discussed above, when travel time constitutes hours worked, an employer must always pay at least minimum wage to its employees for all hours worked (see generally Wage Orders’ Section 4 and also 29 USC § 206.) If you have not been for a one-day or overnight stay, seek immediately legal advice of a lawyer. Understanding Travel Pay Laws in California As a general rule, California employees are paid for all of their time spent working, and this includes time that an employee spends traveling for work. One option is to establish a separate rate of pay for travel time that is less than the employee’s normal hourly rate. In case you are traveling for both work-related activities and personal travel, you will have to keep separate checks for business-related expenses. The analysis is compounded when the hours worked are, for instance, part of the employee’s commute, consist of travel to a remote conference, or spent moving from client to client throughout the day. That is why you should speak to an attorney to learn more. Under California employment laws, travel time should be paid, and can be either local trips or travel away from home. For example, letâs get back to the situation we have mentioned in the very beginning. What do you mean by “control”? Federal regulations mandate that an employee be paid at one-and-a-half times his regular pay rate for time worked over 40 hours a week. Waiting for the company vehicle where the use of the vehicle is mandatory. 2201: Travel and Relocation Policy (Note: California differs from federal law in complying with minimum wage requirements. However, commuting travel time may be compensable under California law if the employee is subject to the control of the employer during the commute. Although the term “suffered or permitted” is included within the Order’s overall discussion of employer control, California courts have held that the tests for whether an employee was “controlled” or “suffered or permitted” to work can also be independent of each other. For travel time overtime pay in this scenario, the state uses a “weighted average” method. Morillion v. Royal Packing Co., 22 Cal. California Wage Orders (issued by the California Industrial Welfare Commission [the “IWC”]), define “hours worked” as “time during which an employee is subject to control of the employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so.” IWC Wage Order 4, Section 2K. App. No reimbursement for travel shall be paid from public funds for County employees, Department/Agency Head/General Manager, Boards and Commissions and Elected Officials except as authorized by this policy, and in conformance with adopted budgets. California minimum wage laws require an employer to count employee travel time as hours worked whenever it requires employees to travel, no matter when the travel occurs. Can my boss fire me for filing a claim for travel expenses? And because any time spent traveling is compensable, all compensable travel time in California counts toward the number of hours worked in calculating any required overtime premium pay. Travel Between Clients in a Single Workday. For example, if a vacation policy gives an employee ten days of vacation each year, he or she will accrue five days of vacation after working for six months. For instance, in terms of travel time, certain tasks have been found to be compensable: If an employee is required to attend an offsite conference or meeting, the time spent traveling to and from the meeting is compensable. Also, the employee must be informed of the lower rate in advance of the assigned travel. If you are asked by your employer or supervisor to drive to a store to pick up some items during normal work hours, you should be paid for your travel time. Exempt employees, who are paid based on their performance and expertise, are not entitled to travel time pay. Travel time can include both local trips and travel away from home. At the federal level, the Fair Labor Standards Act (FLSA) is the primary law governing travel pay. Commuting Time: Under both California and federal law, travel time to and from work does not ordinarily constitute “hours worked” and is not compensable. Are you eligible for travel time pay? Letâs say, for example, that your employer directs you to attend a two-day event in New York City. On Call Time For Employees in the Housekeeping Industry. Title 2, California Code of Regulations, section 599.859 Title 2, California Code of Regulations, sections 599.893 through 599.910 Business Contingency Planning That is why you are highly advised to get a free consultation from an experienced Los Angeles employment law attorney to determine whether or not your travel time pay is fair, or how to take legal action against an employer who does not pay for travel expenses. Please contact us with questions at 650-265-0222 or firstname.lastname@example.org. An employer is not required to pay employees for any personal time taken while traveling, such as sleep time, meals, or sightseeing. The California Supreme Court held that the reimbursement rate can be negotiated by parties as long as it fully reimburses the employee, and the amount does not have to be set at the IRS mileage rate. ... the employer shall pay, without condition and within the time set by Article I, sections 200-244 of the California Constitution, all wages known to be owed to the employee. It also includes time spent, even if not doing work, but under the control of the employer, such as on-site, on-call time. Whether that leave is paid or unpaid depends on the employer’s paid leave, vacation or other paid time off policies. As an enforcement policy, WHD will not consider as work time the time the employee spends as a passenger on an airplane, train, boat, bus or automobile when in travel away from home outside of regular working hours. The Portal-to-Portal Act makes clear that employers do not need to pay employees for time spent traveling from their homes to their workplace before the start of the workday or traveling from their workplace to their homes after the workday is over. If an employee resides on the premises of a location covered by IWC Wage Order 5-98, only the time actually spent working will be considered hours worked. Sick leave is another matter. For example, if your employees are required to go out on service calls, the time spent traveling to and from the customers must be paid. While hourly employees in Los Angeles and elsewhere in California are generally required to receive travel time pay in these situations, there are certain exceptions. Our Los Angeles employment law attorney Jeffrey Rager to spell out what is travel time pay, when you are eligible to receive it, how it is calculated, and whether travel time always equals business time. It is highly advised to speak to an employment law attorney to find out whether or not travel time pay was calculated properly in your particular situation. Bono Enterprises, Inc. v. Bradshaw (1995) 32 Cal. Travel and Commuting Time. Employers may require employees use their vacation or paid time off benefits before they are allowed to take unpaid leave, but cannot mandate that employees use paid sick leave. Pay day for full-time and part-time employees is typically the last day of the month or the first day of the next month. For instance, Walt Disney’s employee lot was a hike (over a mile) from the employee entrance to the Magic Kingdom. Commute time from residence to remote client or vendor locations that exceeds regular commute time (i.e., the delta between regular commute and additional time to reach remote site). PML 2016-010: Travel/Relocation Programs – Business, Travel, and Relocation Policy and Reimbursements for Employees in BU 2, 7, 9, and all Excluded Employees; PML 2016-020: PML 2016-020 - 7/27/2016 - Travel/Relocation Programs – Travel Reimbursement Rate Increases for Excluded Employees; Related Policies. However, to establish this pay rate for travel time, employers must inform workers before travel. The standard asks whether the employee’s time is spent primarily for the benefit of the employer. The California employer must pay 1-1/2 or 2 times the regular rate of pay for all time worked over 8 hours in a day or 40 hours in a week. But before we delve into the topic, letâs make sure that you understand the difference between commuting time and travel time. Additionally, time spent in reaching the point of departure (i.e., travel from home to the airport) which is over and above the time spent in the employee’s regular commute is compensable. Also note that the time spent in attending a mandatory conference or meeting is compensable at the employee’s regular rate of pay. Your employer told you to drive to a store in Los Angeles to buy some donuts during normal work hours. ——————————————————– Today, we brought our Los Angeles employment law attorney Jeffrey Rager to spell out what is travel time pay, when you are eligible to receive it, how it is calculated, and whether travel time always equals business time. Time spent traveling during normal work hours is considered compensable work time. This policy shall also be subordinate to any other provisions of law pertaining to travel. The term “hours worked,” however, is not all that simple to define or apply. Calculating travel time pay and understanding employment laws is not the easiest task. If, for instance, an employer provides a bus for workers that picks them up at a subway station and transports them to work but the employee could get there by using his own transportation; i.e., a car, bike, etc., the employer is not required to pay compensation.