![]() ![]() If, for instance, an employer provides a bus for workers that picks them up at a subway station and transports them to work but the employee could get there by using his own transportation i.e., a car, bike, etc., the employer is not required to pay compensation. Ridesharing: An employer is not required to compensate an employee for time spent in company provided transportation from a pick up point to the work site so long as participation is entirely voluntary.Regular Commute: An employer is not required to compensate an employee for the time it takes him to go from his residence to his regular work site.In other words, is the employer in control? Whether commute time is compensable in part or whole depends on the mode and purpose of employer provided transportation, and whether use is mandated or voluntary. ![]() Merriam-Webster defines the term “commute” as “to travel some distance between one’s home and place of work on a regular basis.” ( ). “Suffered or permitted” to work refers to time worked where the employer knows the employee is working and does nothing to stop it, or when the employer possesses information from which such knowledge can be inferred, and that the employer “had reason to know” that the employee was performing work on its behalf. 4th 575, 583(2000).Īn employee is “controlled” by the employer whenever the employer “directs, commands or restrains” an employee. In other words, an employer is required to compensate for travel if the time falls into either or both categories. Although the term “suffered or permitted” is included within the Order’s overall discussion of employer control, California courts have held that the tests for whether an employee was “controlled” or “suffered or permitted” to work can also be independent of each other. What Constitutes Hours Worked For Purposes Of Compensation?Ĭalifornia Wage Orders (issued by the California Industrial Welfare Commission ), define “hours worked” as “time during which an employee is subject to control of the employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so.” IWC Wage Order 4, Section 2K. Once you conclude the time is “worked,” you must include those numbers in overtime calculations, and decide whether you want to pay travel at a different rate than the employee’s regular rate of pay. The analysis is compounded when the hours worked are, for instance, part of the employee’s commute, consist of travel to a remote conference, or spent moving from client to client throughout the day. The term “hours worked,” however, is not all that simple to define or apply. California law requires that employers pay employees for all hours worked.
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