Bus rides to work in California. What happened next?

Many workers in California face issues with uncompensated travel time when using employer-mandated transportation. Understanding the law is crucial to addressing this. The California Supreme Court’s ruling in Morillion v. Royal Packing Company clarifies that such travel time is compensable. This article explores how this landmark decision can guide you in resolving similar disputes.

Situation

Case Overview

In California, a legal dispute came up between a company and its agricultural workers. The company had a rule where all workers had to meet at specific parking lots every day. From there, they had to take company buses to the fields where they worked. After the day was over, the buses would take the workers back to the parking lots. The company did not allow the workers to use their own cars to get to the fields. This rule led to a disagreement about whether the time spent on these buses should count as paid work hours.

Specific Circumstances

The workers argued that the time on the buses was part of their workday. They said that since they had to follow the company’s rules during this time, it should count as “hours worked.” They wanted to be paid for the time spent waiting for the bus, riding the bus to and from the fields, and any waiting time at the end of their workday.

Plaintiff’s Argument

The workers, who were the plaintiffs, said that being on the bus was not a choice but a requirement. They believed they were under the company’s control during this travel time, even if they weren’t doing their usual work. They wanted to be paid for all the time they spent under the company’s rules, including the bus rides.

Defendant’s Argument

The company, the defendant, said that the time on the buses should not count as work hours. They argued that, usually, travel to and from work is not paid unless the workers are doing work tasks during that travel. The company claimed the buses were just a convenience and that the workers weren’t really working during those rides.

Judgment Outcome

The court decided in favor of the workers. It ruled that the time spent traveling on the company buses was indeed compensable as “hours worked” under California’s Industrial Welfare Commission wage order. The court said that because the workers were under the company’s control during the bus rides, they should be paid for that time. The case number for this decision is California No. S073725.

Resolution Method

Immediate Actions

If you’re in a situation like this, the first thing to do is understand your rights. Know that if your employer requires you to use specific transportation, like a company bus, that time might count as work hours. You should gather any documents or evidence showing that the travel is mandatory and under your employer’s control.

Filing a Claim

To start a claim, you might need to file a complaint with the Division of Labor Standards Enforcement (DLSE) in California. They can help you understand the steps to take. It’s a good idea to write down all the details of your situation, including times, dates, and any communications with your employer about the transportation rules.

Negotiation and Settlement

Sometimes, talking to your employer can help resolve the issue. You might be able to reach a settlement where the company agrees to pay for the travel time or change the policy. If talking doesn’t work, mediation could be another option. A mediator can help you and your employer come to an agreement without going to court.

FAQ

What is “Hours Worked”?

“Hours worked” means any time you’re under your employer’s control. This includes time when you’re required to be at work or doing tasks for your employer, even if you’re not actively working.

Who is Under Control?

You’re under control if your employer directs or limits your actions in a way that stops you from doing what you want. For example, if you have to be on a company bus, you’re under their control.

Is Travel Time Paid?

Yes, if the travel time is required by your employer and you’re under their control, like on a company bus, it should be paid.

Can I Use My Car?

If your employer requires you to use their transportation, like a bus, you can’t use your personal vehicle without possibly losing pay for that travel time.

What is a Wage Order?

A wage order is a rule from the Industrial Welfare Commission that sets pay, hours, and working conditions for certain jobs in California.

Are All Buses Required?

Not all buses are required. If your employer provides a bus but doesn’t require you to use it, the travel time might not be paid.

How is Overtime Calculated?

Overtime is pay for hours worked beyond a normal day or week. If your travel time is paid, it should be included in overtime calculations.

Is Waiting Time Paid?

Waiting time is paid if you’re under your employer’s control during that time, like waiting for a company bus.

What if I am Late?

If you’re late and miss required transportation, you might lose pay for that day, based on your employer’s rules.

How to Handle Disputes?

To handle disputes, check your wage order, talk to a labor law expert, or contact the Division of Labor Standards Enforcement for advice.