Employees are often unsure of what comprises paid travel time and what falls under unpaid commuting time, and rightfully so as the specifics of which is which can be complex. When you work in a position where the line is blurred, it is possible that you are leaving money behind, simply by not knowing exactly when you should be on the clock.

The U.S. Department of Labor, the Fair Labor Standards Act and the California Department of Industrial Relations provide the federal and state mandates regarding who gets paid for their time when it comes to driving and traveling on the company's control. And the word "control" has a lot to do with whether you are paid for your time or not.

However, if the California employee is operating under the company's control by:

Picking up or dropping off work-related items at a central place on the way to work, the time between that place and the balance of the trip to work IS work time and should be paid by the employer

Traveling overnight, or traveling away from home, IS always considered work time under California Law; However, regular meal periods and time spent sleeping, or time spent away from work activity when traveling is not work time, and the employer does not have to pay for that amount of time

Traveling to a specific location for a special assignment or emergency outside of normal work hours is compensable by the employer

Attending a mandatory remote conference and/or meeting, including the time traveling to and from the meeting, and the time spent in the conference or meeting is to be paid by the employer

Riding in company-controlled vehicles, where the employee is unable to perform personal tasks is time to be paid by the employer-- as is the time spent waiting for the car or truck

Once an employee shows up at their work specific location, any work-related travel occurring during the day is paid travel time. 

What Are the Basic Laws of Drive and Travel Time?

Most importantly, it is essential to be aware of, and we think that most people do, that commuting from work to home is not considered work time in the State of California.