What are the California salary laws? 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. 10  If employees mix business and personal travel, you need to sort out the part that is business-related and pay only these expenses. 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.”. Can an employee use California Paid Sick Leave due to COVID-19 illness? In some industries, it is very common to pay workers different rates for different types of work. You can be entitled to overtime, even if you are paid on a salary, commission, or piece rate basis. FAQs on Laws Enforced by the California Labor Commissioner’s Office. 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. The calculation is a little more complicated if you are a salaried non-exempt employee, you are paid by commission or receive bonuses, or you are paid a different/lower rate for travel time. Many legal cases considering whether an employee should be paid for travel time focus on the issue of whether the employee was “subject to the control” of the employer during the travel time. This issue can become complicated for travel nurses. sending email, making phone calls, etc. 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. Does your employer require to follow certain when traveling to or returning from work each day? Employees will receive 57.5 cents per mile driven for business use (the previous rate in 2019 was 58 cents per mile.) Everyone in California is entitled to overtime unless they fall under one of the exemptions. Yes. We provide free case evaluations for employees who want to know if they have a legal case against their employer. What do you mean by “control”? City B is a 30-minute drive from Paula’s home. However, under some circumstances your employer does have to pay you for driving from home to work: Paula works in City A, a 15-minute commute from his home. Other employees have been provided a work vehicle that they drive home every day. California law requires you be paid at least the minimum wage for all “hours worked” including travel time. 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. However, in the case of transporting tools or materials in a work van, the time you spend each morning might be compensable if you are required to load/offload the items each morning/night in order to secure them. The determination of whether your travel time is subject to the control of your employer often involves a complex analysis of the facts, law, and circumstances. If you are interested in resolving your case without having to file a lawsuit and obtaining maximum compensation (including interest and penalties), you should contact an experienced attorney to help you negotiate the settlement. Map & Directions [+]. And there are many reasons why the company would want to settle before you actually do file a lawsuit. The cost per mile is designated by state law. Oral agreements are fine too, and are actually the most common type of employment agreement. However, some states have stricter overtime policies and require overtime in other situations. Your employer can choose to pay you a different rate for your travel time than it pays for your regular work. If you believe that you should have received travel pay, but were not compensated by your employer, please consult with an experienced California employment lawyer regarding the matter. case or situation. Employers don’t have to pay their non-exempt (hourly) employees for an ordinary commute to and from work, even if an employee reports to different locations. Disputes involving unpaid travel time since my position requires lots of travel time rate on each stub! When paying per diem rates to employees who incur job-related travel expenses work... And the travel nurse a portion of their wages `` tax free. California per diem a. 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