⏰ Your Commute in a Company Vehicle: California's Paid-Commute Time Rule
If you are a non-exempt employee in California and drive a company vehicle for your commute, that time may be considered compensable "hours worked."
When is the Commute Compensable?
Your commute in a company vehicle is most likely compensable (paid) if the use is not optional and/or your employer imposes significant restrictions that prevent you from using the time for your personal purposes.
The critical factor is the degree of Employer Control.
|
Likely PAID (Under Employer Control) |
Likely NOT PAID (Normal Commute) |
|
Mandatory Use: You are required to use the company vehicle for commuting. |
Optional Use: The company merely allows you to use the vehicle for convenience. |
|
Restrictive Rules: The employer prohibits personal stops, detours, or carrying personal passengers. |
Freedom to Conduct Personal Affairs: You are generally free to make stops or carry family/friends. |
|
Carrying Equipment (Restrictive): You must transport a significant volume of tools, parts, or equipment that substantially limits your ability to use the time for yourself. |
Carrying Equipment (Minor): You only carry minor tools or a briefcase, and it doesn't limit personal use. |
Key Precedent: The California Supreme Court ruled in Morillion v. Royal Packing Co. that time spent traveling on employer-mandated transportation is compensable because the employee is "subject to the control of an employer."
Important Reminders
- Minimum Wage: Any paid travel time must be compensated at a rate of no less than the California minimum wage.
- Overtime: Compensable commute time counts toward the calculation of daily and weekly overtime.
- Track Everything: Keep records of the commute time and the specific restrictions your employer places on the company vehicle.
If you believe you are owed wages for drive-time, contact Sani Law today.
