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CalAttorney2, Attorney
Category: Employment Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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We have a prevailing wage job that is less than 50 miles

Customer Question

We have a prevailing wage job that is less than 50 miles away from our shop. I just want to clarify if they are supposed to get paid an hourly wage for any part of travel. It is all in a company vehicle. I understood it that they clock in and out when the arrive and leave the job site and are paid the prevailing wage at the job.
Thank you!
Submitted: 1 year ago.
Category: Employment Law
Expert:  CalAttorney2 replied 1 year ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 1 year ago.

From the CA Manual:

  • Compensable Travel Time. Travel time related to a public works project constitutes “hours worked” on the project, which is payable at not less than the prevailing rate based on the worker’s classification, unless the Director’s wage determination for that classification specifically includes a lesser travel time rate. (See Director’s Decision in In the Matter of Kern Asphalt Paving & Sealing Co., Inc. (March 28, 2008), Case No. 04-0117-PWH. (See also Morillion v. Royal Packing Co. (2000) 22 Cal.4th 575).) Travel time required by an employer after a worker reports to the first place at which his or her presence is required by the employer is compensable travel time, and includes travel to a public work site, whether from the contractor’s yard, shop, another public work site, or a private job site. All such compensable travel time must be paid at the same prevailing wage rate required for the work actually performed by the worker at the public works site. No additional facts, such as whether tools or supplies are being delivered by the worker to the site, need be present
Customer: replied 1 year ago.
Ok. I checked the specific travel related to our job craft and it said after 50 miles.. this means they would clock in at the job site then clock out when they return to shop correct.. travel time to the job is not included. It's not public works it just a prevailing wage.
Expert:  CalAttorney2 replied 1 year ago.

That isn't the correct calculation, and that can lead to problems (see:

Customer: replied 1 year ago.
They don't report anywhere first. They leave and drive directly to the job site and then the rest of the hours worked would be paid until the returned home. Strange because the travel pay related to the classification says they don't get compensated if the first place they report is the job site and it's less than 50 miles away. After 50 miles it is compensated at the Taxable Net Wage.
Expert:  CalAttorney2 replied 1 year ago.

There shouldn't be a separate "travel pay" on a prevailing wage job. (See the second link I provided above which discusses this common issue for employers as well).

This sounds like something that may require a local attorney to take a look at (or at a minimum a payroll expert or accountant with experience in prevailing wage law - but if you are an employer, I would suggest going to a lawyer as there may be some issues with the contract to discuss as well).

Customer: replied 1 year ago.
Ok thank you. There rates of pay and then they all have a link to travel which explain when the travel time is included as hourly pay. I will double check with someone local. Thank you!
Expert:  CalAttorney2 replied 1 year ago.

You are welcome, and I do wish you the best with this matter.

Thank you for using our forum, and please do not forget to rate my service (the series of 5 stars next to the chat window) so that I can receive credit for assisting you.

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Thank you again, and again I wish you the best.