California Employment Law
California Employment Law Questions Answered by Legal Experts
there is no office or chairs for our outside technicians in our office.
Also, this employee is going to job site from his home (not coming to office where no chairs or room for him). Do we still have to pay for his travel time from his home to go to job site (15min to 40min)?
When the employee finish his work from jobsite, he doesnt' come to office to check-out for the day, he goes his home from the jobsite.
First, thank you for your prompt response.
Yes. the emploXXXXX, XXXXX goes to jobsite from his home straight and when he is done working on the jobsite, he goes home straight - Mike and his supervisor prearrange a day before where Mike has to go.
Mike doesn't report to office before or after work. He only report to his supervisor on jobsite. On the jobsite, he says good bye to his supervisor, and goes home. Sometimes, when he doesn't have money to buy gas, etc. he come to office and ride with his supervisor - he make his decision whether he drives his own vehicle to go jobsite from home or come to office and ride with his supervisor to go jobsite.
Hope this helpe, Thank you, Chris
Chris,This additional information is very helpful.The answer to your question does become much more complicated when the employee are commuting directly to the job site, so let me back track my answer.The CA Supreme Court addressed the issue of travel time in the case of Morillon v. Royal Packing (2000) 22 Cal 4th 575. The Court held it was necessary to distinguish between "travel that the employer specifically compels and controls...and an ordinary commute that employees take on their own."The Court in Morillion concluded that workers who were required to meet at designated departure points at certain times to ride the employer's buses to work were under the control of their employer and thus entitled to compesation for that time. The Court also noted, however, that "This conclusion should not be considered as holding that ALL travel time to and from work, rather than compulsory travel time as defined above, is compensable."The question then becomes, "What is compulsory travel time and what is an ordinary commute?" This is an intensely fact-dependent inquiry. The DLSE has indicated it will consider and give weight to how far away the work site is and whether the employee is transporting employer tools in their vehicle, among other things.The tough part about your question is that there is no black and white answer. Since some technicians are being paid for their travel time, however, you are essentially already acknowledging an entitlement to compensation for this time.I am perhaps more risk averse than others, so if it were me, I would consider this travel time "on the clock." However, the law is simply unclear when it comes to traveling directly to work sites where the employee has no primary work site to report to.I wish that I could provide you with a more concrete answer, but it is simply not possible to do so under the circumstances.Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.Kindest regards.
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