Q: Is there any law regarding how much off the clock personal time is spent commuting, in a company truck.
I do pest control and i get paid for on the clock hours only. My trips to my first a lnd last jobs are not covered. My company has recently made my commute more then 20-30 miles away and i now spent approximately 2.5-3 plus hours in my day unpaid. I also can not start early (to help me avoid heavy traffic) due to company policies. Do i have a y recourse?
A:
Generally an employer is not required to pay employees for their commute to and from work and home. However some exceptions exist that may mean you should be compensated.
Even if employees use personal vehicles for their commute, they may be entitled to pay for travel time if they are required to carry tools or employer equipment in their vehicles between home and job sites, if they are effectively prevented from using the commute for their own purposes. More would need to be known if this exception would apply to you, but I suspect it might.
Employers need not pay for the time employees spend traveling on transportation that their employer merely provides but does not require them to use. Similarly, employees aren’t entitled to paid travel time simply because they travel in a company vehicle. However, California law does require employers to pay for travel time if use of a company vehicle is mandatory and is subject to rules that severely restrict the employee’s personal activities, such as prohibiting the employee from making stops or carrying passengers. Again, more needs to be known to determine if this exception would give you compensation for your drive time.
At this point it would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site , or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
Brad S Kane agrees with this answer
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