In an Employer Resource Institute webinar titled "Travel Pay in California: Proven Strategies for Avoiding Devastating Wage/Hour Lawsuits," Mary E. Wright, Esq., discussed five basic rules regarding travel pay in California:

1. Generally, the time employees spend commuting to and from their regular place of work each day is not hours worked, so employers do not have to pay employees for this time.
2. "Hours worked" includes time spent traveling to another location for a special assignment, substantial travel for an emergency outside the normal working hours, and time spent traveling during regular work hours as part of the employee's principal job duties. Note: California does not distinguish between "normal working hours" or whether the travel related to the employee's principal job duties. So, long as the employee is subject to the control of the employer, the time is considered "hours worked."
3. If an employee reports to a central location to pick up equipment before proceeding to his or her assigned worksite, the time spent traveling to the central location generally is not considered "hours worked." Rather, the time is considered commute time. The time spent traveling from the central location to the assigned worksite is hours worked.
4. Overnight travel or travel away from home is always compensable hours worked under California law. Under federal law, it is hours worked only when it cuts across the employee's normal workday and/or requires the employee to work on weekends or days when he or she would not otherwise be required to work.
5. Regular meal periods and time spent sleeping or in other leisure activities while traveling is not considered hours worked, and the employer does not have to pay the employee for this time.

Mary E. Wright, Esq., is general counsel in the San Francisco offices of the nationwide law firm Ogletree, Deakins, Nash, Smoak & Stewart, PC. Ogletree Deakins is one of America's largest law firms that focuses its practice exclusively in the arena of labor and employment law. Mary advises employers of all sizes in all areas of the employer-employee relationship. Also, she defends employers before federal and state courts and agencies, handling all types of employment cases. She is a very frequent speaker and writer on human resource issues, and she has been named a Northern California "Super Lawyer" for three years. She earned her law degree from the University of San Francisco. She can be contacted at mary.wright@ogletreedeakins.com.