California contractors rely on their crews to travel between jobsites. But when it comes to drive time, the question arises: are employees entitled to pay for that travel time? The answer involves understanding the interplay between CSLB and California labor laws.

CSLB & The Nuance of Drive Time:

The CSLB itself doesn’t explicitly address drive time pay. However, it enforces regulations set by the California Department of Industrial Relations (DIR). DIR differentiates between two key concepts:

• Normal Commute: Travel between an employee’s home and their regular workplace (first jobsite) is generally not considered compensable work time.
• Travel Between Jobsites: When an employee travels from the first jobsite or a designated central location to subsequent jobsites on the same workday, it can be compensable under certain circumstances.

Compensable Drive Time Scenarios:

There are two main situations where California law requires contractors to pay for drive time:

1. Increased Commute: If the travel between jobsites adds a significant amount of time to an employee’s usual commute from home to the first worksite, that additional time may be compensable at minimum wage or the employee’s regular rate, whichever is higher.
2. Employer-Controlled Travel: When the employer requires employees to report to a central location or the first jobsite before traveling on to subsequent jobsites, and that extra travel time wouldn’t be part of their normal commute, then the travel time between those locations is typically considered compensable work time.’

Key Points for Contractors:

• Understand Employee Classification: Knowing if your workers are exempt or non-exempt under DIR regulations is crucial. Non-exempt employees are generally entitled to drive time pay under the scenarios above.
• Minimize Non-Compensable Travel: Consider designating a central meeting point or allowing employees to report directly to the first job site whenever possible to minimize non-compensable travel time.
• Clear Communication & Policies: Establish a clear company policy on drive time pay and communicate it effectively to your employees.

Benefits of Fair Drive Time Practices:

• Employee Satisfaction: Ensuring employees are paid for compensable travel time demonstrates fairness and boosts morale.
• Compliance with CSLB: Following DIR regulations ensures you’re operating within legal boundaries.
• Reduced Risk of Disputes: Clear communication and a fair policy minimize the potential for disagreements about drive time pay.

Resources for Contractors:

• CSLB and DIR Collaboration:https://www.cslb.ca.gov/ emphasizes following DIR regulations for employee rights.
• DIR’s Travel Time Information: [CA travel time ON CA.gov dir.ca.gov]
• CSLB Free Consultation Services:https://www.cslb.ca.gov/ (Consult with CSLB for specific guidance on your situation)

By staying informed about California’s drive time pay regulations and implementing fair practices, California contractors can build a positive work environment and avoid legal issues.