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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 6987
Experience:  Significant experience in all areas of employment law.
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I have a job where I travel for a living and with travel I

Customer Question

I have a job where I travel for a living and with travel I work 70 -90 hours per week. My company does not think travel time is work time but I am traveling on Sat and Sunday so not only do I work all week I travel all weekend so this gives no days off sometimes it is a month or 2 before you finally get a week end off
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.

LegalPro54 :

Thanks for your inquiry. So that I do not misunderstand or provide an inaccurate or unnecessary response, would you mind clarifying for me what your question is?

Customer:

if I quit my job do i qualify for unemployment

Customer:

I am work 70-90 hours with no over time pay

Customer:

and no many weekends off

Patrick, Esq., Lawyer
Satisfied Customers: 6987
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
Relist: Answer came too late.
I had already left by the time someone came online
Expert:  N Cal Atty replied 2 years ago.
Under state law, if an employer requires an employee to attend an out-of-town business meeting, training session, or any other event, the employer cannot disclaim an obligation to pay for the employee's time in getting to and from the location of that event. Time spent driving, or as a passenger on an airplane, train, bus, taxi cab or car, or other mode of transportation, in traveling to and from this out-of-town event, and time spent waiting to purchase a ticket, check baggage, or get on board is, under such circumstances, time spent carrying out the employer's directives, and thus, can only be characterized as time in which the employee is subject to the employer's control. On the other hand, time spent taking a break from travel in order to eat a meal, sleep or engage in purely personal pursuits not connected with traveling or making necessary travel connections (such as, for example, spending an extra day in a city before the start or following the conclusion of a conference to sightsee), is not compensable.
See
http://www.dir.ca.gov/dlse/wages.pdf

Re: overtime, see
http://www.dir.ca.gov/dlse/faq_overtime.htm

In general you cannot collect unemployment if you quit a job voluntarily.

You can file a wage claim for unpaid overtime and travel time, see
http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

I hope this information is helpful.
Customer: replied 2 years ago.

they said travel is just part of the job but I did not take the job knowing it would turn into 7 days a week with 10 - 15 per week at home

I went to the labor board and they said with travel jobs its just part of the job

so an employer doesnt have to give you time off?

Expert:  N Cal Atty replied 2 years ago.
The Labor Code states:
551. Every person employed in any occupation of labor is entitled
to one day's rest therefrom in seven.
From
http://leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=00001-01000&file=500-558

But employers routinely disregard that law by paying overtime instead of giving a day off.

I would ask the Labor Commissioner to reconsider his or her position about this and clarify why your employer is considered exempt from this law. I do not have enough facts to understand that, but what the Labor Commissioner told you sounds inaccurate.

You can get a free consultation from some of the labor lawyers listed by location at
http://lawyers.findlaw.com/lawyer/practicestate/Labor-Law/California

I hope this information is helpful.
Customer: replied 2 years ago.
no this is not helpful but thank you
Expert:  N Cal Atty replied 2 years ago.
What question do you have that remains unanswered?
Customer: replied 2 years ago.

so if I quit I can not get unemployment and I have to stay working with no over time and no days off. the labor board already told me travel jobs do not have to pay over time

 

Expert:  N Cal Atty replied 2 years ago.
May I ask what is your job?

Are you paid an hourly wage, or a salary?
Customer: replied 2 years ago.
I am salary 67,000 per year this is a job my contract says 75% travel and has turned into 100% it used to be travel during the week and is now travel Sunday to get to work Sat to get home and work 40 hrs in someones office
Expert:  N Cal Atty replied 2 years ago.
You might be exempt from the overtime laws, see
http://www.dir.ca.gov/dlse/faq_overtimeexemptions.htm

I still suggest consulting a local attorney to determine if you are really exempt.


You can get a free consultation from some of the labor lawyers listed by location at
http://lawyers.findlaw.com/lawyer/practicestate/Labor-Law/California

I hope this information is helpful.

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