travel time pay rules in california

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Travel Time Pay Rules in California (2024): The Ultimate Guide

Posted January 31, 2020 by lewislaw & filed under Employment Law Articles .

Last Updated:

• January 18, 2024

A comprehensive guide to travel time pay rules in California —when employees are entitled to be paid for travel time and how to recover those lost wages.

Unpaid travel time can exceed over $100,000 in lost wages, interest and penalties.

Find out how much of your travel time should be paid and how you can recover it.

Article Contents:

Section #1: types of travel time that should be paid, types of travel time that should be paid.

• Time when you actually perform work (i.e. sending email, making phone calls, etc.); OR
• Time when you do not actually perform work (and might even be doing personal things like checking the internet, texting and making personal calls), but when your employer exercises enough control over you that the law considers it working time.

When is an employee considered to be "Performing Work"?

Unlike John, however, Mary is required, on her way to work, to drive to a secure storage facility to pick up the tools she will use for that day. On the way home from work, she is required to return to the storage facility to unload the tools, clean them, and make sure they are locked up for the night. 

Mary is entitled to be compensated for the time spent loading, unloading, and cleaning the tools, as well as for the time she spends traveling between the storage facility and company headquarters. This is because these activities add time and exertion beyond what her normal commute would require. In other words, she is performing actual work for her employer during that time.

When is an employee “subject to control” of the employer?

Many legal cases considering whether an employee should be paid for travel time focus on the issue of whether the employee was “subject to the control” of the employer during the travel time. The key question is what does your employer require you to do?

• Does your employer require you to travel to work in a company vehicle?
• Does your employer require to follow certain when traveling to or returning from work each day?

Examples where the employee should be paid for travel time

• When the employer provides transportation to a jobsite (example: a bus) and requires that employees only use that form of transportation to get to work.
• When the employee has already reported to the worksite at the beginning of a shift and then the employer instructs the employee to travel to other locations.
• When the employee is required to engage in overnight travel (for example, if the employee is required to take an airplane to attend a conference in another state, the employee must be compensated for time traveling, as well as time spent checking bags, going through security screening, etc.).

Examples where the employee is not entitled to be paid for travel time

• When the employee is making the normal commute between home and work.
• When the employer provides transportation to a jobsite (example: a bus or company van) but does not require that employees use of that mode of transportation to arrive at the job.
• When, during required overnight travel, the employee takes time to do personal things like go out to dinner, go sight-seeing, or sleep.

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Section #2: When Should You Be Paid For Travel Time?

When should you be paid for travel time.

Travel when overnight stay is required

• Conferences
• Sales meetings
• Continuing education requirements

From the Law:

Travel from one workplace to another in the same day, travel from home to work when there is no fixed workplace, if you are required to report to a work location that is farther away than your normal work location., if you have no fixed job site and are required to travel an unreasonable distance to get to work., travel from home to work in a work vehicle, travel when you work from home (virtual or remote employees).

More than 8 million people now work exclusively from home. In California nearly 6% of workers work from home , a percentage that almost doubles when you look at some locations in the San Francisco Bay and Los Angeles areas.

Section #3: How Much Should You Be Paid for Travel Time?

How much should you be paid for travel time.

You must be paid at least minimum wage or your regular hourly rate for travel time.

Employers can pay a lower hourly rate for travel time..

• Provide you notice prior to the travel time.
• Separately track your travel time.
• Separately list your travel time, including the total hours traveled and your travel time rate on each pay stub.

Section #4: How to Calculate Your Travel Time Pay

How to calculate your travel time pay.

Calculating your travel time pay

How to calculate overtime (based on travel hours), reimbursement for travel expenses (mileage), section #5: how to recover your travel time pay, how to recover your travel time pay.

There are strict time limits for recovering your unpaid travel time

Recovering travel time pay while you are still working at the company.

• Discrimination
• Retaliation
• Firing/Termination
• Reduction in Pay
• Reassignment of Position
• Other Adverse Employment Actions

Recovering travel time pay if you do not want to file a lawsuit

Section #6: choosing the right attorney, choosing the right attorney.

Questions You Can Use to Interview Attorneys

• Do you practice employment law?
• What is your level of experience dealing with travel time cases?
• Have you had favorable outcomes? (Most attorneys will be able to answer this question. But they might not be able to tell you how much they have won in these types of cases if there is a confidentiality agreement in place. Attorneys are obligated to keep confidential settlements confidential.)
• What do you think is the best strategy for handling my case keeping in mind my goals? (tell the attorney about your goals for resolving the case)
• How long will it take to resolve my case?
• What is your fee structure?
• What does your fee include and exclude?

After speaking with the attorney, consider the following questions:

• Was the attorney responsive?
• Did the attorney answer your questions?
• Did the attorney inspire confidence in you that he or she knew the subject matter?
• Is the attorney someone you feel you can trust?

Section #7: Hire an Experienced Travel Time Pay Attorney

Hire an experienced travel time pay attorney.

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• California Break Laws and Calculating Travel Time

Counting and Recording Hours of Work: Travel Time, Overtime & More

A variety of California and federal laws govern your counting and recording of employees' working hours and compensation. Under certain circumstances "working hours" may include such activities as travel time and education/training time.

Common Mistake

• Not paying required overtime premiums.

Workdays and Workweeks Defined

Having a clearly defined workday and workweek is important because it affects your overtime obligations to employees.

Best Practices

• Once you define a workday and workweek, stay consistent.
• Familiarize yourself with the "seventh-day" overtime rule.

Hours of Work Limitations

Various federal and state requirements impose limitations on work hours. HRCalifornia can help you determine which to follow when federal and state regulations conflict.

Rest Breaks and Meal Periods

You have certain legal requirements regarding employee meal and rest breaks in California.

Piece Rate Workers

California employers must pay piece rate workers for rest and recovery periods and other non-productive time at specified minimum hourly rates, separate from the piece rate compensation.

Paid Non-working Time Overview in California

There are times when you need to pay a nonexempt employee for time not spent working. If you pay a special rate for travel time, or other special circumstances, you must establish and communicate the rate to employees in advance of the event. The amount and duration depend on what the employee is doing during that time.

Travel Time Pay

Under certain circumstances, you may be required to pay your employees for their travel time.

Pay For Education and Training Time

If you require employees to attend lectures, work courses, employer-sponsored training programs, or employee meetings, you must count that time as hours worked for pay purposes.

Makeup Time Pay

Makeup time allows an employee to request time off for a personal obligation and make up the time without receiving overtime pay. Under certain conditions, you may allow makeup time, upon request from an employee, but you are not obligated to do so.

Compensatory Time Off

Private employers subject to the federal Fair Labor Standards Act (FLSA) are forbidden from offering compensatory time off (CTO) in lieu of paying overtime wages.

Time Keeping and Recording

You must maintain an accurate record of employees' hours of work and compensation. Failure to do so may force you to disprove what an employee claims to have been his/her actual work hours.

Time Keeping Exceptions for Specific Industries

Due to the operational needs of certain industries, the California Labor Code and Industrial Welfare Commission (IWC) Wage Orders allow for specific variations in how hours of work are recorded, how records are maintained, and how certain types of hours are treated for pay purposes.

Working Hours for Minors

California and federal labor laws place certain limitations on the number of hours minors may work, as well as the spread of those hours, depending on the worker's age, the industry and the season of the year. Extended working hours may be allowed under certain circumstances.

Related Resources

CalChamber members have access to several tools and services that help those who manage human resources to work through counting and recording work hours issues, including:

Meal and Rest Break Quiz » How much do you know about meal and rest breaks? Use this quiz to test your knowledge.

Meal and Rest Periods Policy » Use this policy to remind employees of legally required meal and rest breaks to ensure employees understand that your obligations to provide such breaks are met.

Meal Break Waiver » Use this form when you have a nonexempt worker who will work a shift of six hours or less and both you and the worker wish to waive the required 30-minute meal break.

Meal Break Waiver - Second Meal » Use this form when you have a nonexempt worker whose shift will be more than 10 hours but less than 12 hours, the worker has not waived his first meal break, and both you and the worker wish to waive the second required 30-minute meal break.

Alternative Workweek Calendar » You can use this calendar as an example of an alternative workweek schedule, noting the restrictions associated with alternative workweeks.

Makeup Time Checklist » If you are considering a makeup time policy for your employees, use this checklist before implementing the policy to make sure you are covering all the key issues.

California Labor Law

• California Overtime Pay
• California & Federal Labor Law Posters
• California Termination Laws
• California Workers' Compensation
• COBRA Health Insurance
• Drug and Alcohol Testing
• Employee Handbook
• Exempt and Nonexempt Employees
• Family and Medical Leaves
• Independent Contractor vs. Employee
• Meal and Rest Break Law
• Harassment in the Workplace

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Travel Time in California: A Must-Know Guide for Employers

Take control of California’s time, overtime, and break laws using Timeero.

Understanding travel time pay in California is essential for employers. It involves complex rules and regulations that affect how you compensate your employees, manage your operations, and protect your bottom line. Get it wrong, and you risk costly lawsuits and unhappy employees, not to mention inefficient practices that will eat into your profit.

So, let’s get it clear from the get-go: Is travel time paid in California?

A short answer is yes, but you should know that not all travel counts. 

To avoid the pitfalls of failing to comply with legal requirements, you should familiarize yourself with the ins and outs of travel time pay and mileage reimbursement in California.

Our guide is here to explain the concept of travel time pay, how it differs from regular pay, and what California state law stipulates. 

We’ll also provide some practical tips on calculating California travel time pay and mileage reimbursement accurately and fairly.

Overview of California Labor Laws Related to Travel Time

When enforcing travel time pay, the California Division of Labor Standards Enforcement (DLSE) pays a lot of attention to detail. 

The DLSE guidelines specify when you must compensate your employees for travel time, whether running a local errand or going on an out-of-state business trip. 

Remember that if you overlook these directives, you can risk your company financially and reputationally. Ignoring DLSE’s well-outlined norms can open you up to legal complications, including penalties that could negatively impact your bottom line. 

So, what are the rules you need to follow?

What Constitutes “Hours Worked” in California

In California employment law, “hours worked” is crucial in defining compensable time, including travel time. It includes:

• Time actively spent performing work-related tasks , such as sending emails, making phone calls, or visiting clients.
• The time when employees aren’t directly involved in work but remain under sufficient control of the employer , to the extent that the law considers it is working time. This usually means they’re not free to follow purely personal pursuits during that time.

Specific Rules Governing California Travel Time Pay

• Using employer’s vehicle. The time spent traveling is compensable if an employee has to use the company vehicle for work purposes.
• Carrying employer tools. If an employee transports tools or equipment for their employer, adding time and effort beyond the usual commute, that extra time must be paid.
• Alternate worksite reporting. If an employer requires an employee to travel to a different job site on a short-term basis, which involves more than a minor distance, this travel time must be compensated.
• Special circumstances. Activities like education and training time may also count as “working hours” under certain conditions.
• Special rates. If an employer decides to pay a special rate for travel time, they must establish and inform employees about this rate in advance.
• Advance notice and minimum wage. Employees must be informed of the travel rate in advance, and this rate cannot fall below the minimum wage.

When Does Travel Time Require Pay in California?

To better explain the issue, let’s discuss a couple of examples in which employees are entitled to travel time pay under California law: 

• If your employees are making trips during work hours for business-related tasks — for instance, shuttling between different office locations or running errands for supplies, those hours are generally compensable.
• You must reimburse the travel time when an employee travels out of town for a business event and returns the same workday. However, note that the usual commute time to the regular workplace and back to the employee’s home can be excluded from this calculation.
• If employees are required to stay overnight for business purposes, the rules become more complex. Generally speaking, the time spent traveling during regular working hours is compensable. However, the same doesn’t apply to the time at the destination unless it’s spent working. 
• If travel is a central part of the employee’s job (think sales representatives or delivery drivers), almost all the time spent traveling during work hours is compensable, including wait time at airports or other transit hubs.
• Mandatory attendance at training sessions or conferences also requires compensation for travel time. If the event is outside of regular work hours, but attendance is compulsory, you must also reimburse your employees for travel time.

For example, if Sarah, a sales rep, has to drive from her regular work location to a client’s office in the middle of the day, that time is compensable. If she’s flying out for a multi-day conference, the time spent in transit could be considered work hours, depending on various factors. The rules around this scenario might differ and involve considerations such as meals and lodging.

Differentiating Between the Everyday Commute and Compensable Travel Time 

Understanding the fine line between commute time and work-related travel is critical to avoiding legal complications.

Your employees’ normal commute to and from the regular worksite is generally off your tab. In other words, you’re not required to reimburse your employees for the time they spend commuting between their homes and their regular worksites.     

However, certain situations turn the usual commute into compensable work time.

• Employer-provided transportation. If an employee must come to a determined place and use the employer’s transportation to and from the worksite, that travel time is compensable under California law.
• Restrictions on personal transportation. If employees aren’t allowed to use their own transportation and must use the employer’s, then the time is also considered work time that must be compensated.

The Morillion v. Royal Packing Co. case is crucial for understanding the travel time pay in California. The court held that the employees who had to travel on the employer-provided buses were entitled to compensation for their travel time since they were subject to the employer’s control and could not use that time for their own purposes. This case has important implications for defining what constitutes compensable work hours under the law.

Travel Time Pay and Mileage Reimbursement in California

If an employee’s job description requires using their personal vehicle for work-related activities, according to the California Labor Code Section 2802 , employers have to reimburse them. This is not just for fuel expenses but also includes factors like vehicle wear and tear.

Moreover, the right to mileage reimbursement is non-waivable. So, what does this mean for you? 

Simply put, even if your employment contract states that employees waive their rights to mileage reimbursement, this provision is void in a court of law.

Although many employers rely on the IRS standard mileage rate for calculating reimbursements, it’s important to note that this is not a one-size-fits-all solution. 

If an employee can prove that their actual expenses have exceeded this rate, you must cover the difference.

The risks of not abiding by these rules are far from trivial. Failure to adequately reimburse employees can result in wage and hour lawsuits, a situation no employer wants to find themselves in. 

A reliable mileage tracking solution , such as Timeero, can help you accurately track and adequately reimburse your employees for business mileage.

Legal Must-Dos and Best Practices for California Employers

To that end, let’s explore legal must-dos and best practices that can serve as your guiding compass.

Advanced time and mileage tracking

To stay compliant with California labor laws , consider using one of the best employee GPS time and mileage tracking software designed with precision in mind. Such a tool won’t only automate what could be an error-prone manual process but also provide airtight records should any legal problems arise. Trust us, robust software is a worthwhile investment.

Up-to-date policies

Your employee handbook isn’t just a document; it’s your legal shield. Make sure it’s always updated with the latest company travel policy and mileage reimbursement policy . 

This will keep your team informed and serve as your first line of defense in case of disputes or inquiries.

Regular audits

You shouldn’t wait to find yourself in legal trouble to examine your processes. Regular audits can serve as a preventative measure, offering a clear insight into any discrepancies that could snowball into serious legal issues. Think of it as your business health check-up.

Expert consultation

Regulatory changes sometimes happen without much notice. When in doubt, don’t hesitate to consult legal experts who specialize in California labor law . Remember, preemptive legal advice is often much more affordable than dealing with potential litigation or lawsuits.

How Can Timeero Help Employers Stay Compliant With California Travel Time?

Compliance with California’s travel time regulations is easier than you think, thanks to Timeero. 

Our comprehensive software offers a range of features designed to keep you in line with 

California state laws effortlessly.

Time Tracking

The crucial concept in California travel time pay is the concept of “hours worked.” Any compliance with the law must start there.

Timeero offers precise time-tracking functionalities that comply with California laws, capturing details of your employees’ work hours to ensure fair compensation.

All your employees need to do is download a mobile app on their phones and clock in when their workday begins. The app will keep track of all their work-related activities and automatically create time cards with the clock in and out time and the total number of hours worked. 

As the app tracks time during working hours only, the hours worked will also include employee travel time. 

Timeero software comes with an option to set a different hourly rate for the jobs you create, giving you flexibility around the travel time rate.

Mileage Tracking

But Timeero’s usability for compensating your workers’ travel expenses doesn’t end there. 

When employees use their own vehicles for work-related tasks, accurate mileage tracking is essential for reimbursement, in line with California Labor Code Section 2802. Timeero facilitates this with its powerful tracking features.

When it recognizes driving, the Timeero mobile app automatically starts tracking employees’ mileage and routes, capturing precise data for accurate reimbursement.

You can also use the app to replay employees’ routes and compare their actual routes with the shortest routes to their destinations.

Segmented Tracking

To provide a clearer view of how employee time is spent during work hours, Timeero offers segmented tracking capabilities. This visual timeline and data gathered can be especially useful in the context of California’s nuanced labor laws around travel time.

Segmented tracking will give you a quick overview of your employee’s travel time vs. time spent on site. If there are any potential issues when it comes to excessive travel time or mileage, you will be able to spot them right away.

California Overtime Settings

Timeero includes settings specifically designed for tracking California-specific overtime and double-time hours , helping you maintain compliance with state labor laws.

You can choose the California Overtime Rules feature in the company settings, set the overtime rate, and have the exact payroll data ready when the next paycheck is due.

California Breaks

During their working hours, non-exempt employees in California are mandated to use their breaks. Not providing them with breaks leads to premium pay and potential legal and financial penalties.

Timeero includes a California Breaks Tracker feature that helps you ensure compliance with California meal and rest break laws , further reducing the risk of labor law violations.

With this feature, your California workers must complete the Daily Sign-off form before clocking out from their shifts. This way, they will verify whether they’ve used their breaks in a way that is compliant with California breaks law. Timeero will also automatically alert you if there is a compliance issue.

Disclaimer: California laws are complex, so this article serves informational purposes only. Consult your legal team for personalized advice.

FAQ: Travel Time in California

Is it a law in california that you must be paid for travel time.

Yes, it’s a legal requirement. Failure to comply with the California Labor Code and DLSE guidelines on travel time pay can result in legal actions, including penalties and back pay.

How Many Hours Per Day Is Travel Time in California?

There’s no hard and fast rule for a “per day” cap on travel time. However, what counts as compensable hours varies based on travel, whether a special one-day assignment or an overnight trip. An accurate time-tracking tool is your best friend here.

How Much is Travel Pay in California?

In California, the rate for travel time pay is typically calculated at the employee’s regular rate of pay. But, in some cases, both sides may agree to a different rate for travel time before the travel takes place. The rate must be at least the minimum wage.

With Timeero, mastering California’s time, overtime, and break laws is a breeze.

Need more information on this topic.

On the road again: Compensating work-related travel

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After limiting work-related travel due to the pandemic, many employers are sending their employees to out-of-town sales meetings, conferences, and trainings. Here are the rules of the road for compensating California employees for work-related travel.

Non-exempt employees must be compensated for employer-mandated travel time

Employees exempt from overtime rules, such as executives, professionals, and high-level administrators, are paid a set salary of at least twice the state hourly minimum wage to perform their duties, however long it takes. They are not entitled to extra compensation for traveling on business.

Under the governing state wage orders, non-exempt employees, whether paid by the hour or by salary, are entitled to be paid for all “hours worked,” including “the time during which an employee is subject to the control of an employer. ...” That includes time spent on employer-mandated travel.

DLSE guidance on compensating work-related travel

In 2002, the California Division of Labor Standards Enforcement (DLSE) issued opinion letter 2002.02.21 , whose guidance was later incorporated into the agency’s enforcement manual, reviewing the legality of an employer policy that provided that “Time spent traveling as a passenger on a plane, train, bus, car, or taxicab to a business destination outside [an employee’s] normal business hours is not considered to be paid time.” The DLSE concluded the policy violated California law, even if it might pass partial muster under the less demanding federal wage rules.

“Under state law, if an employer requires an employee to attend an out-of-town business meeting, training session, or any other event, the employer cannot disclaim an obligation to pay for the employee’s time in getting to and from the location of that event. Time spent driving, or as a passenger on an airplane, train, bus, taxi cab or car, or other mode of transport, in traveling to and from this out-of-town event, and time spent waiting to purchase a ticket, check baggage, or get on board, is, under such circumstances, time spent carrying out the employer’s directives, and thus, can only be characterized as time in which the employee is subject to the employer’s control. Such compelled travel time therefore constitutes compensable ‘hours worked.’”

According to the DLSE, that does not mean every hour an employee spends away on employer-required travel is compensable. “[T]ime spent taking a break from travel in order to eat a meal, sleep, or engage in purely personal pursuits not connected with traveling or making necessary travel connections (such as, for example, spending an extra day in a city before the start or following the conclusion of a conference in order to sightsee), is not compensable.”

Employer may establish lower rate of compensation for travel before it occurs

The DLSE allows an employer, by policy or contract, to “establish a separate rate for travel before the work is performed, provided that no rate of pay can fall below the state minimum wage. Under state law, the obligation to pay no less than the minimum wage attaches to each separate hour, or part of each hour worked.”

All employees must be reimbursed for reasonably necessary work-related travel expenses

California Labor Code section 2802 requires an employer to reimburse exempt and non-exempt employees alike for all necessary expenses incurred in connection with employer-required travel.

Employers often reimburse employees who drive out-of-town for business at the mileage rate set by the U.S. Internal Revenue Service rather than for all expenses the employee actually incurs in driving. In June, the IRS announced an unusual mid-year increase in the business-related mileage reimbursement rate from 58.5 cents to 62.5 cents effective July 1 through the end of the year to reflect the recent increase in fuel prices.

Limits on employer duty to pay work-related travel costs

Non-exempt employees must be paid for business travel that an employer requires , not business travel that an employee elects to take, such as for an enrichment seminar the employee chooses to take to make himself or herself a better employee. And an employer must reimburse “necessary” travel-related expenses, not discretionary extras like seat or room upgrades. Along with the ability to set a lower compensation rate in advance for hours spent traveling for business, these limits give employers some control over their travel budgets.

Dan Eaton is a partner with the San Diego law firm of Seltzer Caplan McMahon Vitek where his practice focuses on defending and advising employers. He also is an instructor at the San Diego State University Fowler College of Business where he teaches classes in business ethics and employment law. He may be reached at [email protected] . His Twitter handle is @DanEatonlaw

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• 6 Things You Need to Know About Travel Time Pay in California

Your employer told you to drive to a store in Los Angeles to buy some donuts during normal work hours. Are you going to get paid for that trip, and why? Today, we brought our Los Angeles employment law attorney Jeffrey Rager to spell out what is travel time pay, when you are eligible to receive it, how it is calculated, and whether travel time always equals business time.

Travel time vs commuting time: what is the difference?

But before we delve into the topic, let’s make sure that you understand the difference between commuting time and travel time. The former refers to an employee’s personal time spent to commute back and forth from work to home, while travel time is time spent traveling by an employee for work-related activities.

Under California employment laws, travel time should be paid, and can be either local trips or travel away from home.

Are you eligible for travel time pay?

You are eligible to receive pay for local travel time only if you are a non-exempt employee (meaning: you are employed on an hourly basis). Exempt employees, who are paid based on their performance and expertise, are not entitled to travel time pay.

For non-exempt employees, travel time – as well as education and training time – are classified as “working hours,” which means their employers are legally required to pay them for it.

For example, let’s get back to the situation we have mentioned in the very beginning. If you are asked by your employer or supervisor to drive to a store to pick up some items during normal work hours, you should be paid for your travel time.

Time spent traveling away from home

An employer in Los Angeles and elsewhere in California is required to compensate his employees for any time spent traveling away from home. Let’s say, for example, that your employer directs you to attend a two-day event in New York City. Since you will have to spend time traveling from Los Angeles to New York City, your employer should pay travel time.

Our Los Angeles wrongful termination lawyer at Rager & Yoon – Employment Lawyers explains that California employers are typically required to compensate their employee for spending any time that is under the employer’s control.

How to calculate travel time pay?

Calculating travel time pay for salaried employees, who get paid bi-weekly or monthly, is not a problem, since they get paid regardless of the number of hours worked.

Hourly employees, meanwhile, should be paid on an hourly basis, which means travel time may not be as easy to calculate. It is highly advised to speak to an employment law attorney to find out whether or not travel time pay was calculated properly in your particular situation.

Is one-day or overnight stay paid?

If you have not been for a one-day or overnight stay, seek immediately legal advice of a lawyer. While hourly employees in Los Angeles and elsewhere in California are generally required to receive travel time pay in these situations, there are certain exceptions. That is why you should speak to an attorney to learn more.

Should your employer compensate for travel expenses?

Definitely. Travel time itself is not the only thing that an employer pays for. Travel expenses should be compensated by your employer, as employees can generally deduct unreimbursed travel expenses. In case you are traveling for both work-related activities and personal travel, you will have to keep separate checks for business-related expenses.

Calculating travel time pay and understanding employment laws is not the easiest task. That is why you are highly advised to get a free consultation from an experienced Los Angeles employment law attorney to determine whether or not your travel time pay is fair, or how to take legal action against an employer who does not pay for travel expenses.

Contact Rager & Yoon – Employment Lawyers for a free case evaluation. Call our Los Angeles offices at 310-527-6994 or fill out this contact form today.

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Unpacking travel time compensation in california: know your rights.

by PLBH | Nov 11, 2023

Grasping the nuances of travel time compensation in California is crucial for employees navigating work-related travel. This type of time is often payable when an employer mandates attendance at a specific location and dictates the mode of transportation.

Here are five essential aspects to understand about travel time compensation. If you require help from an employment law attorney , contact PLBH at (800) 435-7542 for a free legal consultation.

Normal Commute vs. Compensable Travel Time

The standard journey to and from your job site typically doesn’t qualify for travel time compensation under California law. The decisive factor is the degree of employer control—regular commutes offer personal discretion, falling outside employer-paid hours. Yet, if your employer mandates travel through specific transportation means, such as a company shuttle from a common gathering point, that period under the employer’s direction may become compensable.

Minimum Wage Requirements for Travel Time

Travel time pay must align with at least the state’s minimum wage standards. If your work contract remains silent on the matter, this travel time should be remunerated at your regular wage rate. However, employers sometimes designate a lower hourly rate for travel time, which is permissible as long as it meets or surpasses minimum wage benchmarks.

Travel Time Pushing Towards Overtime

For nonexempt employees, accumulative travel hours might tip the scales, necessitating overtime wages. California labor laws stipulate overtime pay at 1.5 times your standard rate after exceeding daily or weekly work hour thresholds. Travel time can significantly contribute to reaching these overtime-eligible hours, a detail often overlooked by workers.

California’s Stance vs. Federal Guidelines

Comparatively, California’s labor laws are more favorable to employees than federal guidelines concerning travel time. The federal Fair Labor Standards Act (FLSA) doesn’t consider employer control as a factor for compensable work, potentially limiting travel time remuneration under its jurisdiction.

Mileage Reimbursement for Work-Related Travel

If your work-related travel involves your personal vehicle, California law may entitle you to mileage reimbursement. This compensation covers vehicle-related expenses incurred due to employer-required travel. Businesses often resort to the IRS’s standard mileage rates to calculate these reimbursements.

Addressing Unpaid Travel Time

Should you find yourself uncompensated for rightful travel time, California law permits you to lodge a wage and hour claim. This process can help you reclaim unpaid wages, including interest, and possibly cover attorney’s fees and court costs. Claims can be directed through legal action or filed with the Labor Commissioner’s office within the California Division of Labor Standards Enforcement (DLSE).

If you’re navigating the complexities of travel time compensation and feel you might be owed for your travel, don’t hesitate to reach out to PLBH at (800) 435-7542 . Our team is dedicated to ensuring your rights are upheld and that you receive the compensation you’re entitled to.

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• Employment Law: When California Employers Must Pay for Travel
• Leichter Law Firm

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Travel Time Pay Rules in California (2022):

Are you an hourly worker? Did you know that California law requires that hourly workers be paid for hours worked, which may include pay for travel? Pay for travel consists of time where an employee is not necessarily required to perform work but is still under an employer’s control. It is important to note that commuting to and from work is generally not time that an employer must compensate. Have you ever found yourself working off the clock? Contact your California employment lawyer for a confidential consultation.

For example, time spent as a passenger in a transportation-related entity is considered to be under the employer’s control if required by the employer.  Examples of such include, attending an event or meeting. On top of that, there are instances where travel-related cases such as waiting in traffic, purchasing a ticket, or getting on board, count as under the employer’s control.  However, there are cases where travel doesn’t count under the employer’s control.  These instances include; meals, relaxation breaks, and personal business.

In addition,  California law permits employers to pay different rates for travel time. Although the rate must not be less than minimum wage , it can be under what their normal pay rate is. It is important to note that, in order to qualify for a reduced travel time payment, the employer must have notified you of a different pay rate for travel time  before   you travel.

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Travel Pay Laws in California: What Employees Need to Know

Sometimes our employers require us to travel for work-related purposes. But what aspects of employee travel are California employers required to pay for? Travel pay in California can be a confusing area of law, but the following overview can help you navigate the ins and outs of travel pay laws in the California workplace.

Understanding Travel Pay Laws in California

As a general rule, California employees are paid for all of their time spent working, and this includes time that an employee spends traveling for work. If an employee is eligible for overtime compensation, and the employee’s travel time puts him or her over the standard forty-hour work week, then the employee should be paid overtime compensation accordingly. Yet all employees know that their commute to and from work is generally not considered time they spend working. So at what point does the time an employee spends behind the wheel, on a subway or train, or in a taxi for work become compensable travel time?

• Compensable travel time must be considered hours worked.  If your employer controls you during the time you spend traveling, or you are permitted to work during travel time, then you should be compensated as these hours are considered hours worked.
• If travel is made on an employer-selected route.  If you travel along an employer-selected route, then you are under your employer’s control and should be compensated for the travel time.
• If travel is for the purpose of delivering work-related items.  If you are required to use your vehicle to deliver work-related items – such as tools to a worksite, or food to hungry customers at their homes – then the time traveled is considered hours worked and you should be paid for the travel time.
• Time spent getting to job functions may be compensable.  If you spend time getting to a meeting or conference that is work-related, it is likely compensable travel time. Similarly, time spent getting to an alternative worksite from your home, or to an airport or train station for work-related travel is usually compensable travel time.
• Reimbursement for work-related vehicle use.  Additionally, you should be reimbursed for wear and tear and mileage associated with work-related travel, under California Labor Code Section 2802.

Compensated travel time is important to employees who must travel for work. California employees must be notified of the travel rate in advance, and the travel rate cannot be less than minimum wage. Sometimes travel time is compensated at a different rate than normal hours worked, but employees who are eligible for compensated travel time should be paid accordingly under California law.

In conclusion, California employees who travel for work are often entitled to travel pay. If you believe that you should have received travel pay, but were not compensated by your employer, please consult with an experienced  California employment lawyer  regarding the matter. Get a free consultation today.

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Travel Time Compensation in California

Posted By: SV Employment Law Firm on March 3, 2016

California law requires that employers pay employees for all hours worked. The term “hours worked,” however, is not all that simple to define or apply. The analysis is compounded when the hours worked are, for instance, part of the employee’s commute, consist of travel to a remote conference, or spent moving from client to client throughout the day. Once you conclude the time is “worked,” you must include those numbers in overtime calculations, and decide whether you want to pay travel at a different rate than the employee’s regular rate of pay.

What Constitutes Hours Worked For Purposes Of Compensation?

California Wage Orders (issued by the California Industrial Welfare Commission [the “IWC”]), define “hours worked” as “time during which an employee is subject to control of the employer, and includes all the time the employee is suffered or permitted to wor k, whether or not required to do so.” IWC Wage Order 4, Section 2K. Although the term “suffered or permitted” is included within the Order’s overall discussion of employer control, California courts have held that the tests for whether an employee was “controlled” or “suffered or permitted” to work can also be independent of each other. In other words, an employer is required to compensate for travel if the time falls into either or both categories. Morillion v. Royal Packing Co., 22 Cal. 4th 575, 583(2000).

An employee is “controlled” by the employer whenever the employer “directs, commands or restrains” an employee. Bono Enterprises, Inc. v. Bradshaw (1995) 32 Cal. App. 4th 968, 975 . “Suffered or permitted” to work refers to time worked where the employer knows the employee is working and does nothing to stop it, or when the employer possesses information from which such knowledge can be inferred, and that the employer “had reason to know” that the employee was performing work on its behalf.

Is Commute Time Ever Compensable?

Merriam-Webster defines the term “commute” as “to travel some distance between one’s home and place of work on a regular basis.” ( http://www.merriam-webster.com/dictionary/commute ). Whether commute time is compensable in part or whole depends on the mode and purpose of employer provided transportation, and whether use is mandated or voluntary. In other words, is the employer in control?

• Regular Commute: An employer is not required to compensate an employee for the time it takes him to go from his residence to his regular work site.
• Ridesharing: An employer is not required to compensate an employee for time spent in company provided transportation from a pick up point to the work site so long as participation is entirely voluntary. If, for instance, an employer provides a bus for workers that picks them up at a subway station and transports them to work but the employee could get there by using his own transportation; i.e., a car, bike, etc., the employer is not required to pay compensation.
• Employer Control of Travel: An employer is required to compensate an employee for time spent riding in or driving a company vehicle from his home or a central stop to the work site if the employer requires employees to reach their worksite on company provided transportation. For instance, Walt Disney’s employee lot was a hike (over a mile) from the employee entrance to the Magic Kingdom. Disney prohibited employees from parking close to the park and provided a mandatory shuttle service from the employee parking lot.

When is Business Travel Compensable?

• Off the Business Clock

Off-the-Clock work is work performed outside of regular business hours, or pre- or post-shift work may be compensable. For instance, in terms of travel time, certain tasks have been found to be compensable:

• Mandatory Remote Conferences and Meetings
• Taking the company controlled vehicle (bus, van, vehicle) where the employee cannot perform personal tasks (stopping to shop, dropping kids off at school, etc.)
• Waiting for the company vehicle where the use of the vehicle is mandatory.
• Commute time from residence to remote client or vendor locations that exceeds regular commute time (i.e., the delta between regular commute and additional time to reach remote site).
• Mapping routes to customer locations.

If an employee is required to attend an offsite conference or meeting, the time spent traveling to and from the meeting is compensable. Additionally, time spent in reaching the point of departure (i.e., travel from home to the airport) which is over and above the time spent in the employee’s regular commute is compensable. Also note that the time spent in attending a mandatory conference or meeting is compensable at the employee’s regular rate of pay.

• Travel Between Clients in a Single Workday

Once an employee reports to work, any work related travel occurring during the day is compensable.

Can Travel Pay Rates Be Lower than Regular Rate of Pay?

Yes, so long as all time is compensated at a rate equal to or higher than the minimum wage rate for California. Also, the employee must be informed of the lower rate in advance of the assigned travel. Be sure and check your location for its own minimum wage rate.

What About Overtime?

The employer must use a “weighted average” to obtain a regular rate of pay for overtime purposes. The California employer must pay 1-1/2 or 2 times the regular rate of pay for all time worked over 8 hours in a day or 40 hours in a week. The regular rate is calculated as follows:

Regular Hours + Travel Hours in Workweek ——————————————————– Total Compensation for Workweek

Need more information? Want to check your calculations? Please contact us with questions at 650-265-0222 or [email protected] .

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Employee Travel Reimbursement Law in California

Under California labor laws, you are entitled to reimbursement for travel expenses or losses that are directly related to your job. If your employer tries to shortchange you or fails to reimburse you for work-related travel expenses, you may be able to recover compensation by filing a claim or lawsuit.

Below, our California labor and employment attorneys discuss the following frequently asked questions about lawsuits for unpaid travel expense reimbursement:

1. What travel expenses does my employer have to reimburse in California?

2. what if i combine personal travel with work-related travel, 3. does my employer have to reimburse me for mileage in my own car, 4. can i file a lawsuit to get unpaid travel expenses reimbursed in california, 5. can my boss fire me for filing a claim for travel expenses.

Also see our article on vacation pay .

Under California labor laws, you are entitled to travel expenses or losses that are directly related to your job.

If you have further questions after reading this article, we invite you to contact us at Shouse Law Group.

Under the California Labor Code, an employer is required to work expense reimbursement reimburse an employee for all necessary expenditures or losses incurred that are directly related to the job. This includes expenses as a “direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer.” 1

Travel Expenses

Travel expenses for employees depend on the

• type of job,
• amount of travel,
• amount of time away from home, and
• employer’s travel expense policy.

California labor laws require employers to reimburse employees for all losses and expenditures that are a direct consequence of an employee’s work duties. 2

Many workers are confused over employer reimbursement because there is are conflicting policies. California labor law provides a blanket explanation for reimbursable expenses. However, an employer’s policy may provide a different description of what is available for reimbursement.

In addition, there are Internal Revenue Service (IRS) regulations on what types of business expenses are deductible and what might be considered income. However, the IRS regulations on travel expenses generally relate to tax liability and not related to what California employers are required to reimburse. 3

Common Travel Expenses

Travel expenses subject to reimbursement generally include any work-related expenses incurred when the employee is away from the office. Common travel expenses may include:

• Travel time
• Mileage expense
• Hotels and motels
• Parking fees
• Taxi or cab fees
• Bus/Metro/Subway fares
• Business center expenses (copy, fax, printing)
• Phone and internet access charges
• Conference registration fees
• Currency conversion fees for foreign travel
• Postage for sending work materials

Employers may put specific limits on travel expenses, such as limiting air travel to economy class or requiring a maximum reimbursement subject to the lowest cost airfare. Employers may also require employees to book travel arrangements through a preferred travel agent or designated department.

Employers may also place maximum limits on certain travel, including maximum hotel rates and maximum meal reimbursements. However, they cannot require an employee to pay out-of-pocket for any costs above those limits if they are expenses paid in the performance of the employee’s duties. An employer may not violate California labor laws simply because they have a more restrictive company policy. 4

Example : Barney has to travel from Los Angeles to San Francisco for a series of company meetings. Barney will stay in San Francisco for 3 nights before returning to Los Angeles. Barney’s company has a per diem rate of $120 per night for hotels. Barney cannot find any hotel or motel within 30 miles of the meeting location for under $120 per night. The cheapest hotel Barney found is in Oakland for $150 per night. Barney tells his boss the hotel is more expensive than the per diem rate and Barney’s boss says Barney has to be at that meeting but he will not be compensated for more than the per diem rate. Barney submits his travel expenses for $450 for three nights at the hotel. Barney would likely be eligible for full reimbursement of his hotel expenses because they were incurred in carrying out his job duties and at the direction of his employer. The employer’s per diem would not override the company’s legal obligations to reimburse the employee for reasonable work expenses.

However, just because an employee spends money during a work trip does not mean the expense is work-related. Personal entertainment, such as going out a movie or taking a friend out to dinner, is generally not work-related.

Example : Barney’s per diem rate for meals is $60 per day for San Francisco. Barney submits his expense report for $350 for meals over three days because he took an old friend out to dinner at an exclusive sushi restaurant, which cost $250. Barney’s employer may limit Barney to the maximum $180 per diem reimbursement for meals because taking a friend out to an expensive dinner is not a reasonable work-related expense.

Company Credit Card

Company credit cards are usually billed directly to the employer.

Many employers provide certain employees with a credit card to use for work-related expenses. In general, these cards are billed to the company and the employee does not incur any expenses or losses when using the card. However, the employee is still entitled to reimbursement for reasonable cash expenses and any travel expenses incurred on a personal credit card.

Combining work-related travel with personal travel will depend on the employee’s expense policy, federal tax law, and California labor law. In general, when an employee combines personal and work-related travel they are only required to be compensated for the travel expenses directly related to performing work duties.

Example : Martin works at an office in San Bernardino and has to go to a two-day trade show in Philadelphia. Martin is a military history buff and wants to add a trip to Gettysburg. Martin extends his 3-day and night hotel rental by one night and his car rental by one day to accommodate his side-trip.

In general, Martin should be reimbursed for his round-trip airfare, 3 nights hotel, 3 days worth of meals, 3 days of a car rental, gas used during those three days. However, Martin may have to pay out of pocket for his extra day’s meals, hotel, gas, and car rental because his side trip to Gettysburg was not work-related.

If your employer requires you to drive as part of your job, your employer must reimburse you for work-related driving costs. This may include running occasional errands for your employer, or a traveling salesman who spends many hours every week driving around.

Commuting time and expenses of driving from your home to and from work are generally not included. However, if your employer asks you to run an errand on your way to work, that would be considered a work-related expense that should be reimbursed.

In most cases, an employer will reimburse an employee based on the IRS guidelines for standard mileage. In 2023, the standard mileage reimbursement for business-related driving is 62.5 cents per mile driven. This number is based on an annual study of the fixed and variable costs of operating a vehicle. 5

The IRS standard reimbursement rate includes the cost of regular maintenance and repairs (such as oil changes and tire replacement).

However, an employer may also reimburse an employee for the employee’s actual driving expenses. This method is usually more burdensome on the employee and the employer. Driving costs would generally include gas, repairs, insurance, depreciation, registration, and regular maintenance. The employee and employer would then have to determine what amount of costs were incurred for business use. 6

Example : Daryl drives his 1991 Toyota Celica 30 miles each way to and from work every workday. One day a week, Daryl uses his personal car to drive 10 miles each way to pick up company reports from the printer, reimbursed at the standard mileage rate. Daryl’s boss asks him to pick up coffee for everyone on the way into work. However, during this coffee run, Daryl’s trusty car finally breaks down and he has to buy a new car. Daryl’s employer has to reimburse Daryl for his 20-mile weekly printer pick up trip as a work-related drive. Daryl’s employer may also have to reimburse Daryl for the morning coffee drive as it was directed by his employer. However, Daryl’s employer is generally not liable to pay for Daryl’s car repairs or a new car. The costs of regular maintenance are rolled into the standard mileage reimbursement rate.

If an employer fails to reimburse an employee for reasonable work-related travel expenses, the employee may be able to file a lawsuit for compensation. An employee may be able to seek reimbursement of necessary expenditures, as required by California labor law.

Damages for unpaid work losses or expenses also include interest at the same rate as judgments in civil actions. 7

In addition to recovering travel expenses, an employee may be able to seek “necessary expenditures or losses” related to claiming those expenses. In a court action, these necessary expenditures may include attorney’s fees and court costs. 8

When an employer violates the California Labor Code, the California Labor Commissioner’s Office may also issue a citation against an employer. The commissioner may issue a citation with financial penalties against an employer for violating California’s travel reimbursement obligations. Any amount recovered by the commissioner will be paid to the employee. 9

In many cases, an employer may be in violation of California labor laws against multiple employees. A company’s unlawful travel expense policy may leave many employees under-compensated. Successful travel reimbursement class action lawsuits often involve unpaid reimbursement for travel expenses or losses.

It is illegal for an employer to retaliate against an employee for exercising their rights under California labor laws. 10

An employer shall not take retaliatory action, including termination, against an employee for citing wage and hour violations or filing an unpaid expense lawsuit. Firing an employee for filing a labor violation claim may be considered “wrongful termination” .

If an employer retaliates against an employee for bringing a labor violation lawsuit, the employee may be able to seek damages for lost wages, including interest and reasonable attorney’s fees. The employee may also be able to seek reinstatement to their job or other equitable relief.

Call us for help…

For questions about California reimbursement regulations and labor laws or to discuss your case confidentially with one of our skilled California labor and employment attorneys, do not hesitate to contact us at Shouse Law Group.

We have local employment law offices in and around Los Angeles, San Diego, Orange County, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

Work in Nevada? See our article on Nevada travel expense reimbursements .

Legal References:

• Labor Code 2802  — Obligations of Employer (“(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, or of his or her obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying the directions, believed them to be unlawful.”)
• See IRS Tax Topic 514 – Employee Business Expenses.
• Labor Code 2804 LC — Obligations of Employer (“Any contract or agreement, express or implied, made by any employee to waive the benefits of this article or any part thereof, is null and void, and this article shall not deprive any employee or his personal representative of any right or remedy to which he is entitled under the laws of this State.”)
• See IRS – Standard Mileage Rates. See also Travel Reimbursements , California Department of Human Services.
• Gattuso v. Harte Hanks Shoppers, Inc. 42 Cal.4th 554 (2007) , (“The parties agree that one method an employer may use for automobile expense reimbursement is to calculate the automobile expenses that the employee actually and necessarily incurred and then to separately pay the employee that amount. This actual expense method is the most accurate, but it is also the most burdensome for both the employer and the employee. The actual expenses of using an employee’s personal automobile for business purposes include fuel, maintenance, repairs, insurance, registration, and depreciation.”)
• Labor Code 2802 LC, see endnote 1 above. (“(b) All awards made by a court or by the Division of Labor Standards Enforcement for reimbursement of necessary expenditures under this section shall carry interest at the same rate as judgments in civil actions. Interest shall accrue from the date on which the employee incurred the necessary expenditure or loss.”)
• Labor Code 2802 LC, see endnote 1 above. (“(c) For purposes of this section, the term “necessary expenditures or losses” shall include all reasonable costs, including, but not limited to, attorney’s fees incurred by the employee enforcing the rights granted by this section.”)
• Labor Code 2802 LC, see endnote 1 above. (“(d) In addition to recovery of penalties under this section in a court action or proceedings pursuant to Section 98, the commissioner may issue a citation against an employer or other person acting on behalf of the employer who violates reimbursement obligations for an amount determined to be due to an employee under this section. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the commissioner shall be the same as those set forth in Section 1197.1. Amounts recovered pursuant to this section shall be paid to the affected employee.”
• Labor Code 98.6 LC — Discharge or discrimination, retaliation, or adverse action against employee or applicant for conduct delineated in this chapter or because employee or applicant has filed complaint or claim, instituted or caused to be instituted any proceeding under or relating to his or her rights or testified relating to the same on behalf of that person or another.

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5 basic rules for understanding travel pay in california.

Updated: May 19, 2015

Understanding Travel Pay in California: When is Travel Time Compensable?

5 basic rules of travel pay.

• “Commuting time from an employee’s regular place of work each day is not work time, so employers do not have to pay employees for this time.” Kwong explained.
• “If an employee spend time traveling to a location for a special assignment, or spends substantial travel time for an emergency outside your normal work hours, that time that’s spent traveling during regular work hours is considered part of their principal job duties.” Travel in these circumstances or outside of normal work hours is compensable work time.
• 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 is not work time. The time spent traveling to the assigned worksite is work time.
• Overnight travel or travel away from home is always work time under California law. Under federal law, it is work time 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.
• Regular meal periods and time spent sleeping or in other leisure activities while traveling is not work time, and the employer does not have to pay the employee for this time.

19 thoughts on “5 Basic Rules for Understanding Travel Pay in California”

I did a job that was 100 miles away each way. 200 miles return a day. I provided transportation to my 3 employees in my truck so they could commute together( using carpool) and paid for the fuel for the entire week with them taking turns driving. This truck did not transport any equipment or tools needed and was only used for transportation for employees. We started work from 8 am to 3pm most days for another contractor. Am i required to pay them additional travel time and if so how much am i supposed to pay. This was a prevailing wage job from 8am to 4pm.

Best regards,

Shane pipeline contractor.

I have an employer which sends me to other cities in ca and only pays travel one way and unless an actual 8 hours on the job the travel time is at a lower rate and certainly no travel time to get back home, that is my personal time spending up to three hours of travel back from the job and do not get paid for. Don’t know if this employer is twisting things to meet his needs but the three hours in paid travel just doesn’t seem morally right

I recently ran in to an issue with an employer.

For this temp company, we are to report at 7:30am at a staging area where a bus will take us to the work site.

My understanding is well get paid at 9am till 4pm. Then have to wait for the company bus to transport us back to the staging area where we can then get our personal vehicles and leave.

My understanding is that if your required to report somewhere at a required time, then you are on the clock.

Am I correct or am I wrong? The 1 hour travel time in the company bus each way should be paid or un paid?

Hello, I am currently living in the Inland Empire. I work as a vacation sales relief rep for a food distributor out of Ontario, CA. I travel all over Southern CA for my employment. Holding this position is drive time pay acceptable or is there a rule of thumb as to how many miles driven before clicking in is allowed statewide?

Thanks, Kristopher

Question I work for a company in AZ they get job sites in CA. The employer wants to pay our commute 75 miles after we have been on the road. Is this the law or Is the employer trying to save money?

My employer has me driving anywhere from 95 miles to 130 miles one way to work on different sites my shortest commute has been an hour and a half one way to two and a half hours one way am I entitled by law to any compensation

Can an employer in california make you clock out so you can go get materials for the employer? She makes us clock out and use our own vehicle for parts or material runs

My employer has employees arrive at our home office in Chula Vista, often times gathering supplies for the work which will be done daily at Camp Pendleton in Oceanside, CA. The employees leave the home office in vans and travel to that job. This has gone on for a decade. When the job is 50 miles away my employer pays travel pay. My employer states that it is only 48 miles to the gate at Camp Pendleton. Well the job site is not at the gate, the work is being done 5 miles further inside the gate at the Navy’s LCAC site. Should these employees receive travel pay? I feel these employees are all being taken advantage of.

I’m being sent to work for a week an hour away. Does that hour of travel get counted as an hour of work? according to my supervisor its not, but my hour back is. It makes no sense.

I went to the PIHRA conference and my employer will reimburse me for mileage. Is the mileage calculated from my home to the conference or from my workplace to the conference?

I’m leaving for Malaysia in a week. my employers HR says that travel time does not equal out 1 to 1. 1 hour traveld to one hour worked. I am an hourley employee. and i will be traveling 42 hours 19.30 to get there and 23.20 on the return flight. do i get compensated for that time 1 to 1

I hope somebody can explain this to me this is the law in California I get assigned to show up at a different locations every day and end the day at a different location job sites every day. My company policy Significant Additional Commuting Time ( Travel Time )

For functions or activities requiring commuting time of more than 30 minutes, work time should be started after 30 minutes.

• As an example, if an employee leaving home first thing in the morning proceeds directly to a designated location on the other side of the city which will require a one hour drive, the first 30 minutes is non-paid commute time and the second 30 minutes is paid time. • In this example, if the same employee leaves the job site one hour from his home, the first 30 minutes is paid travel time. The last 30 minutes to their home is considered non-paid commute time. • If the commute time is not in excess of 30 minutes, no additional time should be added to work hours.

• Although not required by most state or local laws, “Significant Additional Commuting Time” will be recorded as “working time.” It will therefore be counted towards daily or weekly thresholds requiring overtime pay (i.e., the hours are counted towards an employee’s 40 hours of working time in a week or 8 hours of working time in a day).

I had traveled to China and Israel for the last few months, and each time I travel for work I am told I can only claim 6 hours a day for International travel. Is this company keeping within State and Federal laws.

I am working as a contractor. My primary work location is MY OWN HOME. However, my firm sent to me to work on-site at a client’s offices for three weeks, which is an 85-mile drive in EACH direction in L.A. traffic. Needless to say, a daily commute was not possible, so I ended up booking an inexpensive motel room for each night of my three-week stay. I am also spending a small fortune in meals (away from home) and mileage for my car. I asked my firm to cover my travel expenses, but they declined, saying they were not obligated to do so (I live in California). So, I had to cover all of my own costs, which left VERY LITTLE in net pay for this project. In all my years of doing this, I have never known any company to refuse to pay an employee’s work-related travel expenses. What are my options here? Is my company required to cover my travel costs? Help!

I have an employer that on any given day I could work 10-12 hours including travel time but the travel time is not being applied to daily OT, so end of week I could work 50 hours and have no overtime. Is this correct

Hi Durrell, did you ever get an answer to this? If so, would you please share it with me as I have the same question.

I work as a merchandiser. I get paid once I arrive at the first store. One windy day I was traveling from one store to another and my car was hit by a big piece of wood (wind caught it from a truck) I asked my company about paying for the damages since I was on company time. Or at least pay my deductible. They have been avoiding my emails. Any help on this?

I have an hourly employee getting ready to take a business trip in the company vehicle to another location for one week. Does his hourly rate change?

Can an employer require you to stay at a coworkers home during a business trip instead of paying for a hotel room?

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A worker who travels from home to work and returns to his or her home at the end of the workday is engaged in ordinary home-to-work travel which is a normal incident of employment. Normal travel from home to work and return at the end of the workday is not work time. This is true whether the employee works at a fixed location or at a different location each day. For live-in workers, home-to-work travel that is typically unpaid does not apply in this case because the employee begins and ends his or her workday at the same home in which he or she resides.

Travel that is all in a day's work, however, is considered hours worked and must be paid.

Example : Barbara is a personal care aide providing assistance to Mr. Jones. Barbara drives him to the Post Office and grocery store during the workday. Barbara is working and the travel time must be paid. Travel away from the home is clearly work time when it cuts across the employee's workday. The employee is merely substituting travel for other duties. Thus, if an employee hired to provide home care services to an individual (consumer) accompanies that consumer on travel away from home, the employee must be paid for all time spent traveling during the employee's regular working hours. As an enforcement policy, WHD will not consider as work time the time the employee spends as a passenger on an airplane, train, boat, bus or automobile when in travel away from home outside of regular working hours. However, the employee must be paid for all hours engaged in work or "engaged to wait" while on travel. For example, an employee who is required to travel as a passenger with the consumer "as an assistant or helper" and is expected to perform services as needed is working even though traveling outside of the employee's regular work hours. However, periods where the employee is completely relieved from duty, which are long enough to enable him or her to use the time effectively for his or her own purposes, are not hours worked and need not be compensated.

Example : John is a personal attendant for Mrs. Brown, who lives in Atlanta. Mrs. Brown attends a conference in New York City and John accompanies her by plane. John normally works 8:00 am to 4:00 pm. Mrs. Brown's daughter takes her to the airport where they meet John for the flight at 6:00 pm. WHD will not consider the flight time as compensable hours because it is time spent in travel away from home outside of regular working hours as a passenger on an airplane if John is completely relieved from duty. If John provides assistance to Mrs. Brown while at the airport or during the flight or must be available to assist or help as needed, he is working and must be compensated for this time.

Direct care workers who are employed by a third-party employer : Such an employee who travels from home to work and returns to his or her home at the end of the workday is engaged in ordinary home-to-work travel that is not compensable work time. However, travel from job site to job site during the workday, such as travel between several clients during the workday, is compensable hours worked. The third-party employer is responsible for ensuring that travel time from job site to job site is paid.

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In California, what rules apply when determining what constitutes hours worked?

California wage-and-hour law clearly states that any hour an employee spends performing work on behalf of the organization, or work that the organization knew or had reason to know was being performed by the employee, is considered hours worked and therefore deemed compensable time, regardless of where the work was performed (with some limitations).

The Labor Commissioner has adopted the federal regulations permitting the practice of computing working time by rounding to the nearest five minutes, or one-tenth or one-quarter of an hour. Such rounding is acceptable as long as it is applied both ways (for both employee and organization) so as not to result, over a period of time, in failure to compensate employees properly for all time they have actually worked.

Key considerations regarding compensable hours are outlined below.

Reporting-Time Pay

California Industrial Welfare Commission (IWC) Orders require that employers pay nonexempt employees for certain unworked but regularly scheduled time, in addition to the hours the employee actually works. See, IWC Orders 1-16, Section 5. Such payments are known as reporting-time pay. The following are specific requirements for reporting-time pay:

Each workday an employee is required to report to work but is not put to work or is furnished with less than half of his or her usual or scheduled day’s work, the employee must be paid for half the usual or scheduled day’s work, but in no event for less than two hours or more than four hours, at the employee’s regular rate of pay.

If an employee is required to report to work a second time in any one workday and is furnished less than two hours of work on the second reporting, he or she must be paid for two hours at the employee’s regular rate of pay.

Exceptions to the requirement for reporting-time pay, found in IWC Orders 1-16, apply to the following situations:

When operations cannot begin or continue due to threats to employees or property, or when civil authorities recommend that work not begin or continue.

When public utilities fail to supply electricity, water or gas, or there is a failure in the public utilities or sewer system.

When the interruption of work is caused by an Act of God or other cause not within the employer’s control—for example, an earthquake.

The reporting-time pay provisions do not apply to employees on paid standby status or when an employee has a regularly scheduled shift of less than two hours, such as a relief cashier who works only during a one-hour period in the middle of the day.

Reporting-time pay for hours in excess of the actual hours worked is not counted as hours worked for purposes of determining overtime.

Call-back, On-call and Standby Time

An organization does not automatically have to pay a nonexempt employee for carrying a beeper, cell phone or other mobile device. Whether the on-call time is compensable will depend on the degree to which the employee is under the organization’s control. Factors to be considered include the degree of the restriction on the employee’s freedom, whether the employee is required to be on the organization’s property, and the impact the on-call policy has on the employee’s ability to perform personal business. On-call time may be paid at a different rate than the employee would receive for working.

Whether on-call or standby time off the work site is considered compensable must be determined by looking at the restrictions placed on the employee. A variety of factors are considered in determining whether the employer-imposed restrictions turn the on-call time into compensable hours worked. Some of the factors to consider include:

Whether a fixed time limit for response is unduly restrictive.

Whether the on-call employee can easily trade his or her on-call responsibilities with another employee.

To what extent the employee engages in personal activities during on-call periods.

During times when the employees are subject to the employer’s control, on-call or standby time at the work site is considered hours worked, and employees must be compensated for this time even if they do nothing.

Travel Time

Whether an employer needs to pay a nonexempt employee for travel time depends on many factors. Commuting—traveling from home to the usual work site—is not considered paid travel time. If the organization provides the employee with a company vehicle, the travel time to the employee’s usual work site is not paid time, even if the employee is performing small tasks such as refueling the vehicle. An employer does need to have an agreement with the employee regarding the use of the vehicle.

Most other travel time is considered work time, including travel to a different work site on a temporary basis or travel when an organization does not allow an employee to use his or her own transportation. In California, travel time is considered compensable work hours when the employer requires its employees to meet at a designated place, use the employer’s transportation to and from the work site, and prohibits employees from using their own transportation.

Generally, travel time longer than the employee’s normal commute to and from his or her regular work site is considered compensable. Employees who are required to report to a temporary work site or who experience a change in work site location must be compensated for any travel time in excess of the time normally required to report to their regular work site.

Time spent driving or as a passenger on an airplane, train, bus, taxi cab or car, or other mode of transportation in traveling to and from an out-of-town business-related trip and time spent waiting to purchase a ticket, check baggage or get on board is considered time spent under the employer’s control and therefore is compensable as hours worked.

Nonexempt employees may be paid for their travel time at a pay rate lower than the usual rate of pay. This rate may be as low as the minimum wage. The rate at which the travel must be paid depends upon the nature of the compensation agreement. If the employer has agreed to pay a fixed hourly rate of pay for any work performed, then travel time must be paid at that regular hourly rate or, if applicable, the required overtime rate. An employer may establish a separate rate of pay for travel before the work is performed for hourly employees, provided the rate does not fall below the statutory minimum wage.

De Minimis Time

The California Supreme Court ruled in 2018 that employers must pay workers for routine off-the-clock activities, such as setting the alarm and closing the store at the end of the day—even if the amount of time is minimal. Employers in California may no longer rely upon the federal Fair Labor Standards Act (FLSA) de minimis rule which states that infrequent and insignificant periods of time beyond the scheduled working hours, which cannot as a practical matter be precisely recorded for payroll purposes, may be disregarded. 

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Business | California health workers may face cuts in…

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Business | California health workers may face cuts in hours, benefits under $25 wage law

Higher wages are to be phased in starting in june under california’s first-in-the-nation law..

By Don Thompson | KFF Health News

Nearly a half-million health workers who stand to benefit from California’s nation-leading $25 minimum wage law could be in for a rude awakening if hospitals and other health care providers follow through on potential cuts to hours and benefits.

A medical industry challenge to a new minimum wage ordinance in one Southern California city suggests layoffs and reductions in hours and benefits, including cuts to premium pay and vacation time, could be one result of a state law set to begin phasing in in June. However, some experts are skeptical of that possibility.

The California Hospital Association brought a partly successful legal challenge to Inglewood’s $25 minimum wage ordinance , which barred employers from taking those sorts of steps to offset their higher costs.

“Layoffs, reductions in premium pay rates, reductions in non-wage benefits, reductions in hours, and increased charges are consequences of an employer having less money to spend—which will necessarily be the case given the significant increase in spending on wages due to the minimum wage,” the association said in its lawsuit . Additional examples include reducing health coverage and charging for parking or work-related equipment.

Inglewood voters approved the ordinance in November 2022, nearly a year before California legislators enacted a $25 minimum wage for health workers. Those statewide higher wages are to be phased in starting in June under California’s first-in-the-nation law, but Gov. Gavin Newsom has since said they are too expensive as the state faces a deficit estimated between $38 billion and $73 billion . It’s unclear if lawmakers will agree to a delay or take other steps to reduce the cost.

U.S. District Judge Dale S. Fischer agreed with the hospital industry in a March 11 tentative ruling when he shot down the portion of Inglewood’s ordinance banning layoffs and clawbacks by employers, while allowing the rest of the ordinance to remain in effect. He gave the sides time to object to his preliminary decision, though none did.

The California Hospital Association represents more than 400 hospitals and was a key backer of the state’s carefully crafted compromise law, which notably contains none of the employee safeguards included in the Inglewood ordinance.

Spokesperson Jan Emerson-Shea said the association doesn’t know how providers will react once the state law takes effect. “We don’t have any insights,” she said.

“The challenge for any health care organization is figuring out how to pay for the higher wages,” said Joanne Spetz, director of the Philip R. Lee Institute for Health Policy Studies at the University of California-San Francisco. “Since labor costs are the largest part of any health care organization’s costs, it’s hard to figure out how to reduce spending without looking at labor costs.”

Providers can try to increase revenues by bargaining for higher reimbursements from commercial insurers, she said. Public hospitals, nursing homes, and community clinics get most of their money through Medi-Cal, the state’s Medicaid program.

Providers could reduce the services they offer, pare back charity care, and cut or delay capital investments, Spetz said. In the long term, she expects some combination of spending cuts and revenue increases.

Both the state law and local ordinance cover far more than doctors and nurses, with a definition of health worker that includes janitors, housekeepers, groundskeepers, security guards, food service workers, laundry workers, and clerical staff.

The most recent estimate by the Health Care Program at the University of California-Berkeley Labor Center is that as many as 426,000 health workers would make an average of $6,400 extra in the law’s first year, a 19% average pay bump mainly benefiting lower-income workers of color and women . State finance officials project that well over 500,000 workers will benefit.

Researchers didn’t include layoffs and other potential staffing and benefit reductions when they projected the state law’s costs and benefits, said Laurel Lucia, the program’s director. But she pointed to initial projections by hospitals, doctors, and business and taxpayer groups that the wage hike would cost $8 billion annually, thereby imperiling services and resulting in higher premiums and higher costs for state and local governments.

“It seems like a contradiction to say this law’s going to cost billions of dollars while at the same time saying it’s going to reduce workers’ total compensation,” said Lucia, who projects a far lower price tag.

She added that state finance officials had anticipated that Medi-Cal reimbursements would reflect the increased labor costs, while Medicare would eventually at least partially compensate for the higher labor costs.

Michael Reich, chair of the Center on Wage and Employment Dynamics at UC Berkeley’s Institute for Research on Labor and Employment, and affiliated economist Justin Wiltshire recently argued that California’s new $20 minimum wage law for fast-food workers won’t result in mass layoffs and price increases, as some have predicted.

Health care is much different than fast food, Reich acknowledged, but he argued for much the same positive result.

“A higher minimum wage will make it easier and cheaper for hospitals to recruit and retain these workers. The cost savings, and the productivity benefits of more experienced workers, could offset much of the labor cost increase,” Reich said.

The hospital association filed its lawsuit against Inglewood’s ordinance in July, while it was still opposing early versions of the statewide minimum wage legislation. Among many other provisions, the statewide law put on hold an initiative to cap hospital executives’ salaries in Los Angeles.

The hospital association’s legal challenge referenced in part layoffs and reduced working hours imposed by Centinela Hospital Medical Center after Inglewood’s ordinance took effect.

But Centinela said the reduction was entirely unrelated to the ordinance and that all staff were offered alternate positions, which many accepted.

“Centinela Hospital also has since added many more jobs in new clinical positions above minimum wage scale,” the hospital said in a statement.

Service Employees International Union-United Healthcare Workers West, the prime backer of both the local ordinance and the statewide law, sued the hospital in April 2023 alleging that it cut workers’ hours to offset the higher minimum wage. The case is still pending.

The union did not respond to repeated requests for comment.

In a court filing, however, the union and city of Inglewood said similar employer restrictions in previous minimum wage laws have survived.

The ordinance “merely sets the backdrop for collective bargaining negotiations,” and does not bar employers from locking out employees or hiring replacement workers during a strike. Employers can still lay off workers or reduce their hours, they said, so long as they don’t do so to fund the higher minimum wage.

But Fischer agreed with the hospital association that layoffs and reductions in employees’ total compensation packages are “obvious responses by an employer to rising compensation costs.”

Restricting employers’ options would violate federal labor relations rules, he said.

“The minimum wage an employer has to pay its employees will invariably affect the total amount of compensation it is able or willing to pay,” he wrote “This will then invariably affect the number of employees it can retain and the number of hours those employees will be scheduled to work.”

KFF Health News is a national newsroom that produces in-depth journalism about health issues and is one of the core operating programs at KFF—an independent source of health policy research, polling, and journalism. Learn more about KFF .

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When rogue brokers switch people’s aca policies, tax surprises can follow.

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Here's what time taxes are due on April 15

By Aliza Chasan

Edited By Jordan Freiman

Updated on: April 15, 2024 / 7:41 AM EDT / CBS News

The deadline for most people to file a 2023 tax return with the IRS is fast approaching; returns are due by 11:59 p.m., in your time zone, on Monday, April 15, with some exceptions. 

Taxpayers in Massachusetts and Maine have until April 17 to file and pay taxes because of the Patriots' Day and Emancipation Day holidays. There are also extensions in some areas impacted by extreme weather. Individuals and businesses impacted by the Oct. 7 attack on Israel  have also been given an extension, the IRS announced. There are extensions for certain active-duty military members and citizens living abroad.

The IRS had received about 100 million returns as of the week ending April 5, but the agency expects more than 128.7 million individual tax returns to be filed by the deadline.

"Millions of taxpayers across the nation will be working on their tax returns during the final hours, and people should remember they have many ways to get last-minute help," IRS Commissioner Danny Werfel said Friday.

For those mailing their returns in, the U.S. Postal Service notes that the IRS considers a tax return filed on time if it is addressed correctly, has enough postage, and is postmarked by the due date.

The tax agency estimated that 19 million people would file for an automatic extension. People who  file for extensions get until Oct. 15 to file their federal tax returns, but even if you get an extension, you cannot delay paying the IRS. 

"To avoid penalties and late fees, taxpayers who owe should pay either their full tax bill or at least what they can afford to pay by the April 15 deadline," the IRS said.

There's also a fine if you don't file or ask for an extension by April 15.

Taxpayers in need of an extension before filing a return can file Form 4868 , which asks for basic information, such as name, address and Social Security number. People can also get an extension by making a payment via the IRS' Direct Pay , the Electronic Federal Tax Payment System or with a credit or debit card or digital wallet . According to the IRS, there's no need to file a Form 4868 when making an electronic payment if you're already indicating it is for an extension.

Aliza Chasan is a digital producer at 60 Minutes and CBSNews.com. She has previously written for outlets including PIX11 News, The New York Daily News, Inside Edition and DNAinfo. Aliza covers trending news, often focusing on crime and politics.

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Column: Sleepy Don turns a New York courtroom into ‘one long campaign stop.’ Will it help Trump?

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So far, Donald Trump’s criminal trial has been a snoozer, even for him.

The best part to come out of the first days of the Manhattan drama is the courtroom sketch by artist Jane Rosenberg of the big man nodding off like grandpa watching “Gunsmoke” reruns.

Trump appeared to fall asleep again on Tuesday, prompting Law360 reporter Frank G. Runyeon to post this real-time blow-by-blow of the action, like it was Caitlin Clark in the final minutes of her college career . I literally can only hear this in a Vin Scully voice, forgive my sports-mixing:

“Trump’s head slowly dropped, his eyes closed. It jerked back upward. He adjusts himself. Then, his head droops again. He straightens up, leaning back. His head [droops] for a third time, he shakes his shoulders. Eyes closed still. His head drops. Finally, he pops his eyes open.”

No drool, it’s a win!

Slumbering forward

All that napping has led to the social media tags #SleepyDon (a play on his nickname for Biden, Sleepy Joe) and the iconic #DonSnoreleone.

This may lack the excitement of the O.J. trial, may his soul rest wherever, but the stakes should be considered high despite the current doldrums. For all Trump’s croaking about election interference, this is an actual felony trial for just that .

But because there is no television or audio recording allowed in the courtroom — New York has one of the most restrictive laws about that — all we are left with are these snippets relayed from those inside.

That matters because in general, trials are boring — but usually it’s the details that form our opinions, whether as jurors or viewers. Would the glove not fitting have made it’s massive pop culture impact if we hadn’t seen Simpson trying to shove his fingers into the Bloomingdales’ style No. 70263 ?

Unlike O.J., where public opinion was formed in real time by actual events, this historic trial will reach the people only through the often partisan lens of whatever news source they consume.

The truth is, few people really understand the charges beyond paying Stormy Daniels to not talk about allegedly having months of bad sex after beginning an affair in a Tahoe casino and don’t see either a conviction or an acquittal as meaningful. Honestly, it seems like she earned the money.

So in the end, the verdict may only play as another screeching headline.

But six weeks in a courtroom with endless media hype may help Mr. Snoreleone (I had to get it in there one more time).

Which is what my colleague Jeffrey Fleishman — who wrote this excellent piece on the big picture of this case — is here to discuss.

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Me: There is this sense that Trump is better off being in a courtroom for six weeks than on the campaign trail. What is your take on that?

Fleishman: He’s in essence turned the courtroom into one long campaign stop. It fits a lot of his victimhood, persecution-by-the-deep-state complex that he pedals to his voters and that his voters support.

So he can have a built-in campaign podium every day while being inside the courtroom, then coming out and be giving statements.

And I think a lot of people would think he gets the best of both worlds because he’s able to hold to the tenets of his campaign, which is being persecuted by Joe Biden’s Deep State, and the courtroom is certainly a manifestation of that. And then he’s able to come out before and after and put his spin on things.

Me: I almost wonder if the trial doesn’t reach a larger audience than a campaign stop because we’re not covering his campaign the way we did in 2016 and 2020, where you actually saw his speeches, or parts of them, on the nightly news. And so I wonder if this doesn’t reach a broader audience?

Fleishman: That’s a distinct possibility. There’s not a lot of people in America who are undecided at this point of who they’re going to vote for. But there are some ambivalent, undecided voters out there. And getting this trial filtered through the quote-unquote mainstream media could have an impact on swing voters and undecided voters in key states.

Me: One thing that does interest me is that there are no cameras and that’s because of New York law. Do you think that changes how we experience this trial or what it means?

Fleishman: I do. And it might mean, as you were saying about O.J., it will influence how we consume it, because we don’t get that minute to minute.

We don’t get the facial expressions, we don’t get the tics, we don’t get the body language that was so prevalent in the O.J. trial , where we could make our minds up as we went along.

With this, with the way it’s filtered, we don’t get that intimacy, which, depending on where you stand, could either hurt or help Trump.

Me: This trial has been so boring up until now. Not a question, a well-reported journalistic fact.

Fleishman: I know. We’re dealing with a porn star and a con man and a billionaire. And it’s been pretty dry.

Me: I don’t know how that’s possible. Is it going to get any better for us?

Fleishman: I don’t know. Like so many cases these days, this one in particular, we know so much about the case before it even gets to trial.

And with Trump, we already know the personality. It’s not like there’s a big reveal that’s going to come out in this trial. It’s not going to be like “Perry Mason,” or “Law and Order,” where at the last moment this thing happens.

We know the characters. You know Michael Cohen, we know Stormy Daniels. We know Trump and we know the intricacies of what’s alleged against him.

So I don’t know how much more exciting it’s going to get, especially given the fact that there’s no cameras in the courtroom. We’re not going to get the day-to-day drama.

What we’re going to get is sketches and then post-hearing comments by Trump and the lawyers, like a strange campaign stop.

Me: C’mon New York, even Alabama lets cameras in the courts. You’re fired!

What else you should be reading

The must-read : Gavin Newsom can’t help himself The Department of Scary Stuff: Secret Russian foreign policy document urges action to weaken the U.S. The L.A. Times Special : Abortion ban has supercharged Arizona politics. What will GOP legislators do?

Stay Golden, Anita Chabria

P.S. Goodbye to one of the greats

This week, The Times’ family lost a beloved member — investigative reporter Kim Christensen died of cancer. I haven’t been at The Times for decades, as many of my colleagues have been, so I only knew Kim a bit.

During COVID, we both spent time tracking what was happening inside nursing homes. But what I can tell you about him is that he was extremely kind, sharply nuanced, and the best of the best as a reporter. Please take a moment to read this lovely tribute to him — though for some reason we only have this one photo, which does not do him justice:

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Anita Chabria is a California columnist for the Los Angeles Times, based in Sacramento. Before joining The Times, she worked for the Sacramento Bee as a member of its statewide investigative team and previously covered criminal justice and City Hall.

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Donald Trump could face prison time if he is convicted in upcoming NY hush money trial

If former President Donald Trump is convicted on all counts in his New York criminal hush money trial that begins April 15, he could theoretically face more than a decade in prison.

But most legal experts who spoke to USA TODAY said such a dramatic outcome is unlikely. Instead, he would likely be sentenced to something between probation and four years in prison. And he would probably still be out, free to campaign for president as the presumptive or actual 2024 Republican nominee, while his all-but-certain appeal was pending.

Trump faces 34 felony counts of falsifying business records to cover up a hush money payment to adult film actress Stormy Daniels. Each count carries a maximum sentence of four years.

While Trump could in principle be sentenced to serve multiple counts consecutively, several experts said that is unlikely because he has no felony criminal record and the charges don't involve allegations of physical violence.

On the other hand, Trump has tested boundaries and feuded with the judge who may determine his fate.

Prep for the polls: See who is running for president and compare where they stand on key issues in our Voter Guide

Trump has antagonized Judge Juan Merchan

Trump's sentence would be decided by Judge Juan Merchan, who has grown exasperated by the former president's pretrial behavior. Merchan expanded a gag order this month after Trump attacked the judge's daughter on social media over her marketing work with Democratic candidates, including posting a photo of her. Merchan said Trump has a history of attacking the family members of judges and lawyers in his legal cases.

"The average observer, must now, after hearing Defendant's recent attacks, draw the conclusion that if they become involved in these proceedings, even tangentially, they should worry not only for themselves,  but for their loved ones as well ," Merchan wrote in his gag order decision .

John Moscow, a New York lawyer who spent 30 years in the Manhattan District Attorney's Office, told USA TODAY that type of behavior could worsen any sentence Trump faces.

"If I were representing somebody in (Trump's) position, I would suggest to him that the judge is the one who imposes sentence and he ought to be careful," Moscow said.

If Merchan did consider a hefty sentence, it wouldn't be the first time he has taken a harsh view about behavior in Trump's orbit.

In 2023, Merchan was forced to sentence former Trump Organization chief financial officer Allen Weisselberg to only five months in jail because Merchan had previously accepted a plea bargain agreement between Weisselberg and prosecutors specifying that jail term. Weisselberg pleaded guilty to tax and record falsification charges and agreed to testify against the Trump Organization at trial in order to get that sentence.

The judge said, however, that he "would be imposing a sentence much greater than that" had he not accepted the plea bargain before hearing all the evidence at the trial. Without the plea deal, Weisselberg could have faced many years in prison.

What is Trump charged with?

Trump has pleaded not guilty to all counts in the case, which focuses on whether he falsified business records to cover up reimbursements to his former lawyer, Michael Cohen, for a $130,000 hush money payment to Daniels. Daniels has said she had a sexual encounter with Trump soon after Melania Trump gave birth to their son, Barron Trump. Trump denies the claim.

In order to secure felony convictions, Manhattan District Attorney Alvin Bragg's office must convince a 12-person jury that Trump falsified the records in order to commit or conceal another crime. In this case, Bragg argues Trump was trying to conceal a federal campaign finance law violation by falsely recording his reimbursements to Cohen as payments for legal services. The federal violation was a limit-exceeding contribution to Trump's 2016 presidential campaign, as the payment was allegedly designed to keep Daniels' story from hurting the then-Republican nominee's election prospects. Bragg also alleges Trump was trying to conceal a plan to violate New York tax and election laws.

Nothing in the Constitution prevents Trump from becoming president even if he is convicted or sentenced to prison. If he won the election, however, courts may delay any prison time until after his term in office expires .

What is the maximum possible sentence?

The 34 felony counts Trump faces are classified as "Class E felonies" under New York law – the lowest level felony in the state. The maximum penalty on each count is four years of prison, and a judge would have discretion over whether to order Trump to serve sentences on each count at the same time or one after the other. However, New York caps such sentencing for Class E felonies at 20 years .

In addition, New York judges often impose sentencing ranges, where an incarcerated person becomes eligible for parole at the low end of the range. For Class E felonies, the lowest end of a range would be one-and-a-third years per count, while the highest would be four years. Good behavior in jail or prison can speed things up even more.

A sentence limited to probation?

Merchan would also have discretion to order a fixed sentence of less than those ranges, including probation.

That's what Mitchell Epner, a New York lawyer with decades of criminal law experience, expects would happen even if Trump were convicted on all counts. Epner noted the felony charges aren't violent and don't involve drugs.

"With a defendant who has no prior criminal record, my absolute expectation would be a sentence of probation," Epner told USA TODAY.

Epner wasn't alone in thinking that could be the sentencing outcome.

"This is a case that does not involve any physical violence, and it doesn't – there's not sort of a 'named victim,' so to speak – and so the court is going to take that into consideration," Anna Cominsky, who directs the Criminal Defense Clinic at New York Law School, told USA TODAY.

"In addition, I think it is unlikely that he would be sent to prison given who he is, given both the fact that he has no criminal record, and there is no getting around the fact that he is a former president of the United States," Cominsky said.

Incarceration a real possibility

Norman Eisen, a Brookings Institution senior fellow who served as special counsel to the House Judiciary Committee during Trump's first impeachment, thought a sentence that includes some incarceration is likely.

Eisen co-authored a report looking at sentencing for other defendants with no criminal history who were convicted of falsifying business records in New York. There, he noted one construction executive was sentenced in 2015 to spend two days each week in jail for a year for falsifying records to conceal payments in a bribery scheme. In 2013, two corporate executives were ordered to spend four to six months in jail for falsifying records to misclassify their salaries as expenses under their employer's larger bribery and fraud scheme.

"I think he's likely to face a sentence of incarceration if he's convicted," Eisen told USA TODAY.

Cominsky said the evidence Merchan hears at trial could also influence his thinking when it comes to sentencing.

"Often you'll hear judges refer to testimony at trial, evidence that was presented at trial, and say, 'This is why I'm imposing this sentence, because I heard from this particular witness or I saw this particular piece of evidence,'" Cominsky said.

Moscow pushed back against the assumption that Trump's sentences on each count would run simultaneously, instead of being stacked on top of each other. Just as a judge may take into account that a defendant has won a Nobel Peace Prize or lifted orphans from poverty, the judge may look at significant evidence of bad acts, Moscow said.

"When you start attacking the judge's daughter, and making her out to be a target, you have just breached the normal rules," Moscow said.

Trump has also posted a photo of himself wielding a bat, with his eyes directed toward an adjacent photo of Bragg, among other attacks on the district attorney. Bragg's office has received thousands of harassing emails, calls, and texts – including death threats – after Trump's social media attacks, it said in a court filing .

Diana Florence, a New York lawyer who spent decades in the Manhattan District Attorney's office, said Merchan's sentence would need to have some relation to what other white-collar defendants in similar cases have received, and she would be surprised if someone had ever gotten a sentencing range for falsifying business records with a minimum of 10 years or more.

Such a long sentence "would be very, very, very, very unusual, and if Judge Merchan wanted to make a point and do that, I highly doubt the appellate division would allow that to stand," she said. "It's just too much time for the conduct."

However, Florence added that a reasonable sentencing range could include a minimum period of more than a year incarcerated.

Sentencing someone with Secret Service protection?

Contemplating any jail or prison sentence would take Merchan into unchartered territory: Trump is the first former president ever criminally charged, and the Secret Service provides him with around-the-clock security.

But avoiding a sentence of incarceration on that basis risks undermining the idea of equal treatment under the law, Moscow suggested.

"If I were the judge − and I don't know what a judge would do in this case − I would reject out of hand the concept that because he was once president, and because as a matter of policy the Secret Service guards former presidents, that therefore he can't go to jail," Moscow said.

The question would then become how to reconcile equal treatment with ensuring a former president's security, according to Moscow. The judge could get creative, for example by ordering the former president to stay in a hotel wing or at a military base, where he is isolated just like any other prisoner but still has Secret Service protection.

"You can structure things to achieve the proper result without conceding that the defendant has the upper hand," Moscow said.

Chances of immediate prison? 'Less than 1%'

Many convicted defendants are "remanded" pending sentencing, a process in which they are taken into custody while they await their sentence, Florence said.

But Florence didn't expect Merchan to give that order when it comes to Trump, and even if Merchan did, Trump would likely be able to get bail set by an appeals court in the thousands of dollars to stay free during his appeal. That's all the more likely if Trump receives a low sentence, since the appeal could take longer than his actual sentence, she said.

"The chances of him going to prison immediately, even if he's convicted in whatever, six weeks from now or whenever, are I would say less than 1% because he would immediately be released on bail pending appeal," according to Florence.

Eisen agreed Trump probably wouldn't be incarcerated by Election Day, even if he's convicted on all counts.

"I think he's extremely unlikely to be forced to serve that sentence pending appeal," Eisen said.