Habla Español
Call Us Today (949) 379-6250
California law requires employers to pay employees for certain travel time that qualifies as “hours worked.” Because travel time rules are fact-specific and employers frequently misapply them, unpaid travel time remains a common wage and hour violation across California. Contact us to schedule a free consultation today.
California wage and hour law focuses on whether travel time counts as hours worked. According to the Department of Industrial Relations (DIR), “hours worked” is defined as:
“The time during which an employee is subject to the control of an employer, including all the time the employee is suffered or permitted to work, whether or not required to do so.”
This definition is broader than federal law and is critical to travel time disputes. If an employer controls when, where, or how the travel occurs, that time may be compensable.
Travel During the Workday
Travel that occurs after the workday has begun is generally compensable. This includes:
Because the employee is already on duty and acting under employer direction, this time qualifies as hours worked.
If an employer requires employees to report to a specific location before traveling to a job site, the travel time from that location to the work site is typically compensable. The employer’s control over the employee’s movement is a key factor in determining pay obligations.
For overnight travel, California law generally requires employers to pay for travel that occurs during an employee’s normal working hours, even if the travel takes place on a non-workday. Time spent traveling outside normal work hours may not be compensable unless the employee is performing job duties during that time.
When travel time qualifies as hours worked, it must be included in overtime calculations. Under Labor Code §510(a):
“Any work in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay.”
This means compensable travel time can push an employee into overtime or double time, depending on the total hours worked in a day or week. Employers sometimes pay travel time at a different hourly rate, but that rate must still comply with minimum wage laws and must be properly factored into overtime calculations using a weighted average.
Separate from wage payment, California law also requires reimbursement of travel-related expenses. Under Labor Code §2802(a):
“An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties.”
This includes mileage, fuel, vehicle wear and tear, lodging, and other costs when travel is required for work. Employers violate the law when they shift these costs onto employees.
Not all travel time is compensable. Common examples include:
However, even commuting time may become compensable if the employer imposes restrictions or requirements that go beyond a typical commute.
Employers often violate travel time laws by:
These violations frequently go unnoticed because employees assume travel is automatically unpaid.
Travel time pay claims are highly fact-specific and often depend on employer control, scheduling requirements, and internal policies. Employers frequently defend these claims by labeling travel as “commuting” or by applying unlawful pay practices that appear compliant on the surface. An employment lawyer can review your job duties, travel requirements, time records, and pay practices to determine whether your travel time qualifies as hours worked under California law. Legal counsel can also identify unpaid overtime tied to travel hours, pursue reimbursement for travel expenses, and protect employees from retaliation after raising wage concerns. Because employers control most payroll and scheduling records, legal intervention is often critical to uncovering violations.
If your employer required you to travel for work and failed to pay you properly, you may be entitled to unpaid wages, overtime, and expense reimbursement under California law. Call (949) 379-6250 or contact us online to schedule a free consultation with our Orange County wage and hour attorney at Aegis Law Firm. Our team can review your situation, explain your rights, and help you pursue the compensation you are owed.