Are you an hourly worker? Did you know that California law requires that hourly workers be paid for hours worked, which may include pay for travel. Pay for travel consists of time where an employee is not necessarily required to perform work but is still under an employer’s control. It is important to note that commuting to and from work is generally not time that an employer must compensate. Have you ever found yourself working off the clock? Contact your Los Angeles Employment Lawyer for a confidential consultation.
For example, time spent as a passenger in a transportation related entity is considered to be under employer’s control if required by the employer. Examples of such include, attending an event or meeting. On top of that, there are instances where travel related cases such as waiting in traffic, purchasing a ticket, or getting on board, count as under employer’s control. However there are cases where travel doesn’t count under employer’s control. These instances include; meals, relaxation breaks and personal business.
In addition, California law permits employers to pay different rates for travel time. Although the rate must not be less than minimum wage, it can be under what their normal pay rate is. It is important to note that, in order to qualify for a reduced travel time payment, the employer must have notify you of a different pay rate for travel time before you travel.
If you believe that your employer has committed violations of the wage and hour laws, you don’t have to file an EEOC claim as you would in a typical discrimination case. Instead, you can hire a private attorney and file suit as soon as you discover the violation. If other people at your company have also been denied overtime, meals or breaks, you may be able to file a special type of FLSA class action lawsuit.