Q: Travel is done on my own time and compensated with $20 per diem for traveling steel/iron worker?

I just started a new job as a traveling steel/ Iron worker. The company is an ESOP.

I was reading over my employees handbook and came across this paragraph."Nonexempt hourly employees that travel and business are paid for hours spent traveling as outlined below: REGULAR TRAVEL: Regular travel is time paid at your regular wage for one (1) way of the trip for business travel in excess of one and a 1/2 continuous hours. Travel is done on their employees time and you are compensated in per diem. Eligible employees will receive $20 per day for meals and travel wage."

My question is if that sounds correct, or if they are cutting corners in regards to my pay?

They way I Interpret that is that I do not get paid for the long distances I am required to drive in my personal car. Instead, they pay me a flat rate of $20 per diem. I was under the impression that per diem rates are based on the city I am traveling to. Considering I am required to drive long distances and be gone for months

1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: There are a lot of facts and documents that would need to be known to give a definitive answer. Union membership and collective bargaining agreement provisions would need to be known. Generally, without a CBA that might be allowed to modify the law in general, you must be paid for travel at a rate that is at or more than the minimum wage except for normal commute time. You must also be reimbursed an amount that reasonably approximates your actual expenses in using your own vehicle and being away from home for travel, except for normal commutes.

It would be wise for you to seek a specific and confidential consultation with an employment law attorney who can know the context, review relevant documents, and provide you with specific and reliable confidential advice.

Good luck to you.

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