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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5068
Experience:  Extensive experience representing employees and management
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An employee usually works at one location. A few days a month,

Resolved Question:

An employee usually works at one location. A few days a month, she works the whole day at a different location, about 45 minutes away from her usual location. Am I required to pay travel time and/or mileage for this? Her job description includes the fact that travel to this other location would be required.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

California Labor Code Section 2802 requires that employers indemnify an employee, "for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying the directions, believed them to be unlawful."

This requires the employer to pay for travel time and mileage to a secondary site that is additional to the commute time and mileage normally spent in their commute to and from the primary work site (normal commute time and mileage).

Yes, since she is only working at the other location a few days a month, then it would be considered travel time for work, so it would need to be compensated. However, as an employer, you can subtract the mileage the time that the employee spends on the normal commute from the 45 minutes.

For instance, if the employee has a 20 minute normal commute to her main location, she would only need to be compensated for 25 minutes of travel time.

Mileage reimbursement works the same way. You can deduct the miles that the employee normally spends commuting to or from the main job site from the miles spent traveling to the secondary site. So, if the employee traveled 15 miles to work and travels 35 miles to the secondary site, they would only need to be reimbursed for 20 miles for the trip.

I hope the above information is helpful.

Please let me know if you ahve any follow up questions.

Thanks and best of luck!
Customer: replied 1 year ago.

Do I have to pay mileage and travel pay for the round-trip or just one way?

Expert:  Joseph replied 1 year ago.
Hello Sidd,

You need to pay mileage and time for the round trip, both travel to and from work.
Joseph, Lawyer
Satisfied Customers: 5068
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 1 year ago.
Hello Sidd,

I noticed that you viewed my answer but didn't rate it positively.

Is there any additional information I can provide you with or additional follow up questions I can answer for you?

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