For many employees, travel is part of the job. But whether that means driving between job sites, flying to a mandatory training, or commuting to an out-of-town event, not all travel time is treated equally under the law. Determining when travel counts as “hours worked” can be surprisingly complex.
Unlike federal law, California’s travel pay rules are notably stricter and more protective for employees. The state’s labor laws often turn on small but critical details, such as why the employee is traveling, when it occurs, and who controls the employee’s time while traveling.
Overview of California Travel Time Compensation
What Counts as “Hours Worked?”
Under California Labor Code § 510 and the Industrial Welfare Commission (IWC) Wage Orders, “hours worked” include “the time during which an employee is subject to the control of an employer and the time the employee is suffered or permitted to work, whether or not required to do so.”
California law requires employers to follow the law. Even when an employee isn’t actively performing their primary job duties, time can still count as work if a California employer controls where the employee goes, how long they stay, or what they do in transit.
Ordinary commute time is generally not compensable because commuting benefits the employee, not the employer, and occurs before or after the official workday begins. However, once an employer begins to dictate how, when, or where that travel occurs, even for minimum wage employees, the rules change dramatically.
Examples of Compensable Travel
1. Travel Between Job Sites During the Workday
When an employee drives from one job location to another during their shift, that travel time must be paid. For instance, a home health nurse visiting multiple patients during the day, or a construction worker moving between two project sites, is on the employer’s time while they travel. California law treats the entire period between the start and end of the workday as compensable, even if part of it involves travel instead of active work.
2. Mandatory Travel for Training, Meetings, or Assignments
When an employer requires an employee to attend a meeting, training, or assignment off-site, the time spent traveling to and from that event is compensable. If a Los Angeles-based employee must attend a company conference in San Diego, the time spent commuting during normal work hours, using one’s own transportation, etc. count as “hours worked.” It includes both the trip there and the return, even if the event spans multiple days.
3. Overnight Travel or Out-of-Town Assignments
Travel involving overnight stays is more nuanced. California follows a control test: if the employee must follow the employer’s itinerary, attend specific events, or stay in designated lodging, then travel time is compensable when under that control.
For example, an employee flying to Seattle for mandatory training must be paid for the time spent traveling during normal work hours, even if it falls on a weekend. The time spent sleeping in the hotel, however, generally is not compensable unless the employee is still under employer direction.
Examples of Non-Compensable Travel
1. Normal Commute
Though travel from home to a regular worksite (and back) does not count as hours worked, there’s a critical exception: if the employee is required to report to a central location first (for example, to pick up materials or receive assignments), then travel from that point to the employer’s business premises is compensable.
2. Voluntary Trips Not Required by the Employer
If an employee chooses to travel for personal convenience, such as arriving early or taking a scenic route, that time is not compensable. Optional professional events, purely personal pursuits, or voluntary conferences do not qualify for paid travel time.
Why Compensable Time Matters
For employees, the differences in travel time can determine whether dozens of hours each month are paid or unpaid. For employers, misunderstanding travel pay rules can lead to back pay penalties, class-action lawsuits, and Labor Commissioner claims.
California’s Labor Code places the burden squarely on employers to track and compensate travel that qualifies as “hours worked.” The more control the employer exercises, the more likely that travel time must be paid, in accordance with state and federal employment law.
Key Legal Standards and Employer Obligations
California vs. Federal Law (FLSA)
Under the Fair Labor Standards Act (FLSA), employers must pay employees for travel that occurs during the employee’s regular work hours. Commute time and most travel outside normal hours are unpaid unless the employee is required to perform work during travel (such as responding to emails).
California’s standard, however, is broader and more employee-friendly. The state’s “control test” focuses on whether the employer restricts the employee’s freedom during travel.
So, while federal law might not require pay for a flight outside regular hours, California could, if the employer dictates when and how that flight occurs.
Wage and Hour Requirements
When travel qualifies as hours worked, legal requirements state it must be paid at the employee’s regular rate of pay. If travel pushes total hours above eight in a day or forty in a week, overtime pay applies. For example, if a technician’s shift ends at 5:00 p.m. but they must drive to another job site until 7:00 p.m. for the employer’s benefit, those extra two hours are compensable, and may trigger a daily overtime rate.
In addition, California Labor Code § 2802 requires employers to reimburse California employees for all necessary expenses incurred, including travel-related costs such as:
- Mileage reimbursement (reimbursed at the IRS rate or a company-approved amount)
- Tolls and parking fees
- Travel expenses, like airfare and lodging for out-of-town travel
- Meals if required during work-related travel
Failure to reimburse can result in penalties, interest, and other fees under state law.
Court Decisions and Case Examples
Several major California cases have clarified the state’s travel pay rules:
1. Morillion v. Royal Packing Co. (2000)
In this landmark California Supreme Court case, agricultural workers were required to meet at a central location and ride employer-provided buses to the fields. The Court held that the bus travel time was compensable because the employees were under the employer’s control and they couldn’t use that time for personal pursuits.
2. Overton v. Walt Disney Co. (2006)
Employees parked off-site and took company shuttles to the worksite. The Court found the shuttle travel not compensable, because employees had the option to park elsewhere and were not required to use Disney’s shuttle system.
3. Rutti v. Lojack Corp. (9th Cir. 2010)
A California-based technician claimed compensation for travel from home to job sites in a company vehicle. The court found travel not compensable because the employee wasn’t required to perform work-related tasks during that commute, and the employer did not significantly restrict personal activities.
4. Frlekin v. Apple Inc. (2020)
While not a travel case per se, this decision illustrates California’s expansive “control” standard. The Supreme Court held that employees must be paid for time spent waiting for mandatory security checks after their shifts because they were still under employer control.
Real-World Implications
California’s Labor Commissioner frequently audits employers for underpayment related to travel time. Businesses with mobile workforces, such as home services, construction, delivery, and healthcare face particular risk.
An employer who fails to compensate for travel between job sites or for mandatory training can owe:
- Back wages for up to four years
- Waiting time penalties
Employee Rights for Travel
How Employees Can Track and Claim Travel Time
Because travel pay disputes often hinge on documentation, workers should proactively record their travel hours and costs.
Best practices include:
- Keep a detailed log: Note departure and arrival times between job sites or to off-site meetings.
- Track expenses: Save receipts for fuel, parking, airfare, and lodging.
- Note instructions: Keep emails or texts showing employer-mandated travel, reporting times, or itinerary requirements.
- Differentiate commutes: Separate regular commute time from an employee’s home to work, and employer-directed travel during the workday.
If an employer refuses to pay for travel that clearly meets the “control test,” employees can:
- File a wage claim with the California Labor Commissioner’s Division of Labor Standards Enforcement (DLSE);
- Contact an employment lawyer at Lawyers for Justice, P.C. to file a lawsuit
Common Employer Mistakes
Many employers fail to recognize compensable travel time due to misconceptions:
- Treating all travel as “commute” time
- Ignoring travel between job sites
- Failing to pay for mandatory meetings or overnight trips
- Not paying overtime for travel hours beyond the standard day
California’s wage enforcement agencies routinely order employers to retroactively compensate workers for misclassified travel time, which can result in penalties.
Why State Rules Matter, Especially in California
States like New York and Washington also provide travel pay protections, but California’s standards are the most detailed and employee-friendly.
- New York: Travel time during the regular workday must be paid, but ordinary commuting is excluded. Overnight travel outside normal hours is generally unpaid unless work is performed.
- Washington: The state Department of Labor & Industries (L&I) applies a “control and benefit” test similar to California’s. If the travel is for the employer’s benefit and restricts the worker’s freedom, it must be paid.
Still, California goes further by explicitly linking employer control with compensability, making it the gold standard for employee travel protections.
If an employee feels they haven’t been paid properly for travel time, they should call Lawyers for Justice, P.C. for a free consultation at (818) JUSTICE to get more information.
Attorney advertisement by Arby Aiwazian of Lawyers for Justice, P.C., headquartered at 450 N Brand Blvd, Glendale, CA 91203
