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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1953
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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I manage a construction company, our field workers report to

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I manage a construction company, our field workers report to the shop and then ride to the job site in our company vehicle. They have the option of reporting directly to the job site. Do I have to pay them while they ride to the job? If so, do I have to pay them at their regular rate of pay?

Employment-LawExpert :

Hello and thank you for your question today.

Employment-LawExpert :

Are you online with me?

Employment-LawExpert :

Unfortunately, you do have to pay them while they ride to to the job. Under the Fair Labor Standards Act (FLSA), time spent traveling during normal work hours is considered work time and employees must be paid for this travel time. The exact provision on this can be seen in the following document provided by the department of labor, section 31c02 (b)

Employment-LawExpert :

http://www.dol.gov/whd/FOH/FOH_Ch31.pdf

Employment-LawExpert :

Basically it all comes down to control. Once they report to the shop, then any time between then and when they are allowed to go can be considered to be hours worked.

Employment-LawExpert :

Welcome to the chat

Employment-LawExpert :

However, you are allowed to establish a separate rate of pay for travel before the work is performed.

Employment-LawExpert :

That rate may not fall below minimum wage, and must be in writing.

Customer:

does the time count towards overtime?

Employment-LawExpert :

Yes it would.

Employment-LawExpert :

More about this can be found here:

Employment-LawExpert :

29 C.F.R. 785.38

Customer:

Thank you very much!

Employment-LawExpert :

Not a problem. Have I fully answered your question today?

Customer:

Yes, not what I wanted to hear but you did answer it.

Employment-LawExpert :

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Employment-LawExpert :

Have a wonderful rest of your day.

Brandon, Esq. and other California Employment Law Specialists are ready to help you