Q: Can an employer in CA require employees to clock in at job sites at 8am that could be up 10 minutes to 2 hours away
Full time employees, company provides vehicle, jobs can one day or a few weeks daily, we drive van to job site, arrive by 8am, clock in and out from site regardless of commute.
A: IMO you are on the clock the minute you pick up the employer's van to drive it to the jobsite. If this is a company wide policy, you are being subjected to Wage Theft, and this should be a class action to cover all the employees in the same situation. You would have a class action if there are a sufficient number to make a "class" which is usually about 40- but there is no magic number. You have common issues. There was a recent court decision from the Cal. Supreme Court that clearly said that even "waiting time" is time spent working. This sounds like a good case and you should contact an attorney to represent you with it.
Justia disclaimers below, incorporated herein.
Neil Pedersen agrees with this answer
A: Employers are required to pay an employee for all time spent performing their duties for the employer. When you work at various and different job sites, you are to be paid for all time it takes to travel to those job sites, and back again. Providing you with the vehicle does not relieve the employer of that obligation. It simply relieves the employer of the obligation to also reimburse you for the costs of using your own vehicle to travel to and from the remote location. However if the employer is not paying you for the gas for those trips, you are also going to be entitled to payment of those reimbursable business expenses.
Good luck to you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.