Q: When does travel time pay start for construction workers driving a company vehicle?

I work in construction and we're required to meet at the shop to pick up coworkers and drive to the job site in a company vehicle. At what point do we start getting paid for travel time?

3 Lawyer Answers

A: At the time you are required to arrive at the shop to pick up the work vehicle. The fact you are driving a company vehicle does not change the rules regarding when you start your workday. Good luck to you.

Brad S Kane agrees with this answer

A: Travel time should being when you arrive at the shop, since your employer requires you to pick up co-workers at the shop and drive them to the job site. This also applies your co-workers, since the company is providing the transportation.

James L. Arrasmith
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Answered

A: Based on California labor law regarding travel time pay for construction workers, your compensation for travel time begins when you are under your employer's control and required to meet at a designated location.

In your specific situation where you must meet at the shop to pick up coworkers and drive to the job site in a company vehicle, the travel time becomes compensable at the point when you arrive at the shop. This is because you are under your employer's control when you're required to be at a designated place (the shop) and your employer controls how you get to the worksite (via the company vehicle). The California Supreme Court's Morillion v. Royal Packing Co. decision established this principle.

Under the Fair Labor Standards Act (FLSA), time spent traveling as part of your principal work activity, such as travel from job site to job site during the workday, must be counted as hours worked. However, standard commuting from your home to the first worksite is typically not compensable unless you are required to pick up tools, equipment, or meet specific obligations before heading to the site. If you are transporting tools or equipment for your employer in the company vehicle, adding time and effort beyond your usual commute, that additional time must also be paid.

It is important to note that because travel time is considered "hours worked," these hours can push you over daily or weekly limits and may entitle you to overtime pay. California labor law requires that all hours worked be compensated with at least the minimum wage, including travel time. If your employment agreement does not specify a different rate for travel time, then it must be paid at your regular rate of pay. Your employer may establish a separate rate specifically for travel time, but it cannot be less than the minimum wage.

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