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Traveling on the Job
My employer requires me to go to frequent trade shows outside of the city in which I live and work. Sometimes I have to spend hours traveling way beyond my normally short commute. I am an hourly worker. Shouldn’t I be paid for my travel time?
Yes, to the extent that it exceeds your normal commute. The governing rule in California is that an hourly worker must be paid for all time that the employee is "subject to the control of an employer." The California Department of Labor Standards Enforcement has interpreted this rule to require employers to pay for a non-exempt employee’s time to attend out-of-town business meetings, training sessions and other events.
The employer must pay the employee for the time spent traveling to the event, to the extent that time exceeds the employee’s "normal" commute time.
If the employee travels by plane, train or bus, then he or she must be compensated for travel time to the airport or station (to the extent it exceeds his or her "normal" commute), time purchasing a ticket, waiting, checking and retrieving baggage, as well as additional travel to a hotel.
The employer does not have to pay the employee for purely personal, non-travel related activities, however. Employees are not entitled to pay for time spent sleeping and having a meal, even if done away from home. Not surprisingly, an employee is not entitled to be paid for spending an extra day sightseeing in another city, although the trip back home would still be compensable.
If employees are informed in advance, the employer may pay a lesser hourly rate (down to the minimum wage) for travel time. Note that extra travel time may result in overtime being payable as well.
Amy Semmel is an attorney with the firm of Donfeld, Kelley & Rollman. Her practice emphasizes employment, trade secret and business tort law. The information discussed here is a general explanation of the law, and is not intended to serve as legal advice. Readers requiring legal advice regarding a specific situation should consult an employment attorney.
Yes, to the extent that it exceeds your normal commute. The governing rule in California is that an hourly worker must be paid for all time that the employee is "subject to the control of an employer." The California Department of Labor Standards Enforcement has interpreted this rule to require employers to pay for a non-exempt employee’s time to attend out-of-town business meetings, training sessions and other events.
The employer must pay the employee for the time spent traveling to the event, to the extent that time exceeds the employee’s "normal" commute time.
If the employee travels by plane, train or bus, then he or she must be compensated for travel time to the airport or station (to the extent it exceeds his or her "normal" commute), time purchasing a ticket, waiting, checking and retrieving baggage, as well as additional travel to a hotel.
The employer does not have to pay the employee for purely personal, non-travel related activities, however. Employees are not entitled to pay for time spent sleeping and having a meal, even if done away from home. Not surprisingly, an employee is not entitled to be paid for spending an extra day sightseeing in another city, although the trip back home would still be compensable.
If employees are informed in advance, the employer may pay a lesser hourly rate (down to the minimum wage) for travel time. Note that extra travel time may result in overtime being payable as well.
Amy Semmel is an attorney with the firm of Donfeld, Kelley & Rollman. Her practice emphasizes employment, trade secret and business tort law. The information discussed here is a general explanation of the law, and is not intended to serve as legal advice. Readers requiring legal advice regarding a specific situation should consult an employment attorney.
This article is from WorkingWorld.com
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