Should you get paid for travel time at work?
Travel Time… Paid or Unpaid?
California Labor laws require that as an hourly or non-exempt employee you should be paid for the time you spend working, which includes the time you spend traveling for the company. This does not however include your commute to and from work. Driving from your home to work and vice versa is considered commuting to and from work and thus not compensable.
However, should your employer ask you to run errands for the company or drive between locations to drop off or deliver product, then this time should be paid.
Some common situations employers make the mistake of not paying travel time for are:
- Stopping at the bank to make deposits on your way home from work
- Picking up the mail on your way in to work
- Asking employees to spend their unpaid lunch break driving between work locations
- Asking employees to stop at the office/yard/warehouse before reporting to the job off site and not starting their pay until they arrive at the off site location
- Requiring an employee to pick up another employee to bring to work
While the above are common and egregious, the following situation happens all too often and is equally as offensive:
Employees that drive routes or are outside sales people often leave from their homes and do not report to the same location daily; instead these employees travel to different clients’ places of business . In order to do this effectively they must spend time planning out the route prior to leaving for the day, or are sometimes required to check in with the office from their home at a specific time each morning or evening in order turn in daily reports. If this is the case, your start time for the day likely should begin when you start planning and stop when your final reports are in.
Labor law is complex; if you have any questions regarding your employment it is recommended that you contact a San Jose labor law attorney who can help you understand your rights and in many cases will review your situation without charge.
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