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I have a job where I travel for a living and with travel I

Customer Question
work 70 -90 hours per...
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: 6 years ago.Category: California Employment Law
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11/5/2011
California Employment Lawyer: Patrick, Esq., Lawyer replied 6 years ago
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 13,086
Experience: Significant experience in all areas of employment law.
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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.
Category: California Employment Law
Satisfied Customers: 13,086
Experience: Significant experience in all areas of employment law.
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Customer reply replied 6 years ago
Relist: Answer came too late.
I had already left by the time someone came online
California Employment Lawyer: N Cal Atty, Attorney replied 6 years ago
N Cal Atty
N Cal Atty, Attorney
Category: California Employment Law
Satisfied Customers: 9,437
Experience: Since 1983
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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.
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Customer reply replied 6 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?

California Employment Lawyer: N Cal Atty, Attorney replied 6 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.
Ask Your Own California Employment Law Question
Customer reply replied 6 years ago
no this is not helpful but thank you
California Employment Lawyer: N Cal Atty, Attorney replied 6 years ago
What question do you have that remains unanswered?
Ask Your Own California Employment Law Question
Customer reply replied 6 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

 

California Employment Lawyer: N Cal Atty, Attorney replied 6 years ago
May I ask what is your job?

Are you paid an hourly wage, or a salary?
Ask Your Own California Employment Law Question
Customer reply replied 6 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
California Employment Lawyer: N Cal Atty, Attorney replied 6 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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Patrick, Esq.
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