When Must Employee Travel Time Be Paid?

The following is a guest blog post by Richard J. Simmons of Sheppard Mullin in Los Angeles. He represents employers in various labor and employment matters. California law establishes unique rules governing when time spent is compensable “hours worked.” How these rules are applied to travel time is continuing to evolve. Unlike federal law, under which employees need only be paid for time when they’re “suffered or permitted to work,” California law requires that an employee be paid for time if the employee is either “suffered or permitted to work” or “subject to the control” of the employer. The second standard results in more compensable time under California law than federal law. A finding that time must be paid as “hours worked” has these consequences: It must be paid at no less than the minimum wage, which is currently $12 an hour; The time must be added to other work time when determining whether the…

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