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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 35351
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I live in California and have recently had my commute extended

Customer Question

i live in California and have recently had my commute extended 38 miles round trip which also equals out to 1 hr travel time per day extra. This is a temporary office change we will be back to the original site when construction is finished in 6 - 8 months. Our business travel policy at work includes time and mileage pay for business travel. Am i entitled to the 1 hr a day in wages and the 38 miles of mileage reimbursement during this temporary commute extension?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.
Good morning,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
Unfortunately, even if your employer changes your place of employment which results in you having to commute longer distances to work, the employer is under no legal obligation to pay you wages for the additional commute time.
Both CA and federal law both exempt an employer from having to pay wages during the employee's travel time to and from the place of work---regardless of the distance traveled.
Having said that, were you of the mind to quit your job over the new travel requirement this would be deemed a justifiable reason to resign and you would be eligible for unemployment benefits---but unless you are unhappy in the position to begin with, and ready to quit anyway, this is usually not a viable option.
I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.
If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.
Kindly take a moment to rate my service to you based on the understanding of the law I provided. Please understand that I have no control over the how the law impacts your particular situation.
Thank you,
Doug
Customer: replied 1 year ago.
Please see the attachment 3td page under Travel 2nd paragraph that says something different from the governor of California?
Expert:  LawTalk replied 1 year ago.
Hi,
Actually, I am aware of the law and of what is contained in that document.
However, your employer has changed the place of employment. You will find that a change of workplace for a period of 6 to 8 months ios not going to be deemed a temporary job site, but rather a permanent job site. There is no need for the employer to plan to be there for a set number of years for the new site to be permanent.
Were your change to be for just a week or so, I can see the court agreeing with you as to the temporary nature of the job site---but 6 to 8 months is going to be deemed permanent----despite the fact that them employer may have plans to come back to the other location in the future.
Doug
Customer: replied 1 year ago.
Your first response was completely different this is a temp job site because our permanent blding is being built so they are temp renting us an office space until our permanent facility is done. Im sorry but im a little surprised that you didnt mention the same attachment i sent you and 6 mos id a guess could be 3 , 4, 5, we dont know exactly but this is def a temp site change...
Expert:  LawTalk replied 1 year ago.
I am unable to further assist you in this matter, and I am going to opt out of your question and open this up for other professionals.
Your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.
There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.
I apologize for any inconvenience and wish you well in your future.
Doug

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