You count the number of hours you spent traveling, determine if those hours were regular hours or overtime hours, and then multiply that number by the applicable pay rate. California mileage reimbursement law As an employer, if you choose to pay employees less than what the IRS suggests, you need to support these claims. Labor Code Section 207 Wages earned between the 1 st and 15 th days, inclusive, of any calendar month must be paid no later than the 26 th day of the month during which the labor was performed, and wages earned between the 16 th and last day of the month must be paid by the 10 th day of the following month. What do you think is the best strategy for handling my case keeping in mind my goals? California's Fair Employment and Housing Act (FEHA) California Unfair Competition Law (UCL) Title VII of the Civil Rights Act of 1964 (Title VII) The Civil Rights Act of 1991; Age Discrimination in Employment Act of 1967 (ADEA) California's Fair Pay Act; California Laws Prohibiting Human Trafficking; Other Federal and State Protections If you require employees to attend lectures, work courses, employer-sponsored training programs, or employee meetings, you must count that time as hours worked for pay purposes. For most people, that ends up being 1.5 months of pay! Companies do, however, have to pay such employees for travel that they require as part of the job, including travel that is substantially longer than an ordinary commute. If you have been reassigned to a new office, then “normal” travel time rules where you are not paid for driving from your home to work, apply. She spends 15-minutes more (one-way) each day driving to the new location. Under California meal break law (which is much more generous to employees than federal labor law), if you are a non-exempt worker, you are entitled to a 30-minute uninterrupted, duty-free meal break if you work more than 5 hours in a workday. Please read FAQs carefully. Disclaimer | Privacy Policy. If your employer does not comply with the above, then they are the hook to pay you a penalty for each day they don’t pay you all of your final wages, up to a maximum of 30 days of your average daily pay. California law does not require the employer to pay any additional pay if an employee works on the day of a holiday unless it is part of their common practice or if the employee has worked in excess of a 40 hour, 8 hour per day work week. The term “hours worked,” however, is not all that simple to define or apply. 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). On the way home from work, she is required to return to the storage facility to unload the tools, clean them, and make sure they are locked up for the night. Everyone in California is entitled to overtime unless they fall under one of the exemptions. Travel that is all in a day's work, however, is considered hours worked and must be paid. California labor law is on your side. Nothing on this site should be taken as legal advice for any individual California Travel Time: What you need to know . Federal law requires employers to pay nonexempt employees a minimum wage of $7.25 per hour.⁠4 Fortunately, California state law is more favorable to employees than in this context. California law does not require the employer to pay any additional pay if an employee works on the day of a holiday unless it is part of their common practice or if the employee has worked in excess of a 40 hour, 8 hour per day work week. My employer is based in Michigan. Map & Directions [+]. The most common travel expense is mileage. Any employee who makes “a written or oral complaint that he or she is owed unpaid wages” is protected from: Employees are protected from actions likes these from the CEO and owner as well as from their supervisors, or in the case of companies where you work for a staffing company, from the Company where you are placed. Both Anna and Henry must be paid for the time driving to Costco and the job site because they had already reported to work. Seyfarth Synopsis: Travel time pay is a nebulous area of the law that can leave many employers stalled on the starting blocks. 1. Immediately after arriving at the office on Monday morning, Anna’s boss tells her she needs to go to Costco (30 minutes away) to pick up food for the company holiday party. 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.) 9  Your business can deduct employee travel expenses as a business expense. Unlike John, however, Mary is required, on her way to work, to drive to a secure storage facility to pick up the tools she will use for that day. Labor Code Section 202 An employee without a written employment contract for a definite period of time who quits without giving 72 hours prior notice must be paid all of his or her wages, including accrued vacation, within 72 hours of quitting. Instead, it starts from the you file your lawsuit. Sometimes it is unclear whether you have been “reassigned.” Sometimes your assignment at a different office is temporary. What do you mean by “control”? California Vacation Pay Law: If an employer has vacation pay benefits (also known as paid-time-off), California labor law says those vacation days never expire and can be cashed out if an employee leaves or gets fired. Yes. The confidential settlement resulted in a favorable outcome for the employees. But what aspects of employee travel are California employers required to pay for? Because John has to spend hours in traffic each day driving to different locations throughout Northern California, he might be entitled to be paid for some or all of the time he spends traveling. So, YES, travel nurses qualify for paid-sick-leave (PSL) in California! Rules for pay of independent contractors are governed by the terms of any agreements and contracts between the two parties. What is your level of experience dealing with travel time cases? Some employers have pay plans where they pay the travel nurse a portion of their wages "tax free." An employer is not required to pay employees for any personal time taken while traveling, such as sleep time, meals, or sightseeing. “[i]f an employee is required to report to the employer’s business premises before proceeding to an off-premises work site, all of the time from the moment of reporting until the employee is released to proceed directly to his or her home is time subject to the control of the employer, and constitutes hours worked.”. Travel pay in California can be a confusing area of law, but the following overview can help you navigate the ins and outs of travel pay laws in the California workplace. City B is a 30-minute drive from Paula’s home. If a company knows it has not properly paid you for travel time (because its lawyer has told them so), you have many options to resolve your case without filing a lawsuit. (Note: California differs from federal law in complying with minimum wage requirements. Plaintiffs alleged three causes of action: failure to pay the minimum wage, failure to pay wages timely, and unfair business practices. Most employers reimburse mileage at the IRS’s mileage reimbursement rate. Your employer can even pay you a flat rate for your travel time hours so long as that rate is equal to at least the minimum wage for all time spent driving. Additionally, when employers fail to pay their workers’ wages, those workers are often times entitled to additional penalties and interest. The Internal Revenue Service provides an outline for employers to go by when paying per diem rates to employees in California. Calculating what you are owed in most instances is straightforward and simple. Under California labor laws, you are entitled to reimbursement for travel expenses or losses that are directly related to your job. The state Labor Commissioner cited a Southern California subcontractor for $12 million in wage theft infractions affecting more ... 3600 Wilshire Blvd Specifically, the California labor law 4-hour minimum pay requirement mandates that employees who are told that they have to work actually get paid for at least half of their scheduled shift, even if they are sent home early or denied the chance to work at all. Is the attorney someone you feel you can trust. So if you work an 8-hour day, but spend an hour traveling each day that your company has to pay for, you have earned overtime that your company has to separately pay you for. Saturdays and Sunday are also paid at the same rate as hours worked during a weekday. Because he waited one year, he can only recover wages for three years of work with his company. Travel time is considered compensable work hours where the employer requires its employees to meet at a designated place, use the employer’s transportation to and from the worksite, and prohibits employees from using their own transportation (Morillion v.Royal Packing Co., 22 Cal.4th 575 (2000)). The standard asks whether the employee’s time is spent primarily for the benefit of the employer. HR Manual section 2203 – Allowances and Travel Reimbursements provides additional information, including travel timeframes (fractional day of travel, trip of less than 24 hours, trip of more than 24 hours, etc.). In California there are two types of overtime (overtime and double-time) and three different ways to earn overtime. Compensated travel time is important to employees who must travel for work. In conclusion, California employees who travel for work are often entitled to travel pay. Makeup Time Pay As of January 1, 2020, California law requires nonexempt employees that work for an employer with 25 or fewer employees to be paid a minimum of $12.00 per hour. FAQs on Laws Enforced by the California Labor Commissioner’s Office. This method is incorrect. Under California law, earned vacation time is considered wages, and vacation time is earned, or vests, as labor is performed. Los Angeles, CA 90010. Updated August 16, 2020 Under California law, non-exempt employees are entitled to overtime pay if they work more than eight (8) hours in a single workday, more than forty (40) hours in a single workweek, or more than six (6) days in a single workweek. An attorney can help you understand how much you are owed and the best options for recovering your wages. My employer pays for travel time since my position requires lots of travel. Salaried employees are exempt. Example : Barbara is a personal care aide providing assistance to Mr. Jones. 10  If employees mix business and personal travel, you need to sort out the part that is business-related and pay only these expenses. Even if you ultimately decide not to demand payment for your travel time, you should keep this information. Many employees who are still working at their company might be reluctant to confront the company, either informally or legally, about being paid for travel time. If your employer takes any of these negative employment actions because you complained about your unpaid wages, you might have a legal claim against it, allowing you to recover lost pay, emotional distress and punitive damages. 1100 Alma Suite 209 Menlo Park, California 94025, 660 J St. Suite 126 Sacramento, California 95814, 2998 Douglas Blvd., Suite 375 Roseville, California 95661, © 2020 by Drew Lewis, PC - California Employment Lawyers. Each day, he must report to his employer’s headquarters at the start and the end of his shift. If you pay a special rate for travel time, or other special circumstances, you must establish and communicate the rate to employees in advance of the event. John’s company has failed to pay him 100 hours of travel time each of those years. In some industries, it is very common to pay workers different rates for different types of work. In California’s labor code, the standard comes down to whether the employee is subject to … Are they required by law (when paying me travel time) to pay me at a rate of no less than my states minimum wage? Travel Pay Rate. Overtime Pay for Travel Time If your employee is clocking a lot of travel hours, he may need to be paid at an overtime rate. California law requires an employer to pay “reporting time pay” under the applicable Wage Order. It is important to act quickly when you have not been paid all your wages. The bottom line is that if your employer has promised you or has actually paid you a rate higher than the minimum wage for your “regular” work, that is the rate you are entitled to be paid for your travel time. He waited one year until January 2020 to file his lawsuit. Many cities actually have a higher minimum wage than the state. 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. Like John, she must also report to her employer’s headquarters at the start and end of each shift. And it is one reason the employer, if they are going to pay you a different rate for travel time, must show you on your paystub the total hours you traveled and the rate that they are paying you for those hours. Your relationship with an attorney is no different than your relationship with any other any other person. Paid Non-working Time Overview in California There are times when you need to pay a nonexempt employee for time not spent working. For employees who work primarily from home, their home is considered the workplace. ); Time when you do not actually perform work (and might even be doing personal things like checking the internet, texting and making personal calls), but when your employer exercises enough control over you that the law considers it working time. What Methods Can Employers Use to Reimburse for Vehicle Expense? If an employee is eligible for overtime compensation, and the employee’s travel time puts him or her over the standard forty-hour work week, then the employee should be paid overtime compensation accordingly. Here is the current version of the Reporting Time … Employers must reimburse employees for reasonable and necessary work-related expenses. The key question is what does your employer require you to do? The Internal Revenue Service provides an outline for employers to go by when paying per diem rates to employees in California. 3600 Wilshire Blvd, Instead, it to the last years of your employment. And there are many reasons why the company would want to settle before you actually do file a lawsuit. Thus, if an employee hired to provide home care services to an individual (consumer) accompanies that consumer on travel away from home, the employee must be paid for all time spent traveling during the employee's regular working hours. California Paid Sick Leave. Your employer can choose to pay you a different rate for your travel time than it pays for your regular work. The purpose of this statute is "to prevent employers from passing their operating expenses on to their employees." He drives his own van but he is required to transport tools belonging to his employer at all times. California wage and hour law requires employers to provide non-exempt employees with overtime pay when they work over a certain number of hours. If you have a claim for unpaid wages, you can only recover those wages going back four years from the date you file a lawsuit. See California Labor … sending email, making phone calls, etc. Most are afraid that they could experience retaliation for requesting their travel time pay. Many cities actually have a higher minimum wage than the state. Time when you actually perform work (i.e. When the employee has already reported to the worksite at the beginning of a shift and then the employer instructs the employee to travel to other locations. California labor law requires that overtime be paid after 8 hours in a day or 40 hours in a a week. Oral agreements are fine too, and are actually the most common type of employment agreement. Section 2802 covers all expenses employees incur as a necessary consequence of their job, including vehicle expenses, travel expenses, use of cell phones, home Internet service and attorney fees, just to name a few examples. That means you must be paid the higher local minimum wage for the hours you work. It also includes time spent, even if not doing work, but under the control of the employer, such as on-site, on-call time. For additional questions on COVID-19 matters and the laws that we enforce, email us at LCO-COVID-19@dir.ca.gov. If the contract failed to address a final payment time frame, the contractor may have little recourse but to wait for payment. Find out how much of your travel time should be paid and how you can recover it. A Brief History of California Minimum Work Hours. Sometimes employers will try to calculate overtime using only the lower rate paid for travel. Wilshire Blvd, 1908, Los Angeles, CA 90010 in most is! 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