Merced, CA asked in Employment Law for California

Q: My company has travel pay but they withhold an hour of my travel and call it waiting period but I'm still traveling

Am I suppose to be paid as soon as I leave uneven if I stop to get gas first

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3 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: You are to be paid for all time you spend working for the employer, including travel time to and from the regular place of business, unless it is for basic commuting to and from home.

Good luck to you.

Alex Sliheet
Alex Sliheet
Answered

A: Waiting for what?

Waiting for a ride or plane etc.

You are under the control of the employer who requires the travel.

That is true whether your checking in or waiting on the transportation.

Failure to pay at least minimum wage for that hour is failure to pay minimum wage which carries liquidated double damages and attorney fees for only the employee. The law allows you to go back 4 years to collect the accrued damages.

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: A recent case in the Cal. Supreme Court made it clear, waiting time is working time when you are under the control of the employer. I agree with everything else my colleagues said in response. File a claim with the labor commissioner, or get an attorney, there are possible attorney's fees, so it won't come out of your money if you have to go to trial.

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