Preparation Time Before Work
A common concern among many employees involves being required to arrive at work before their official shift begins. For example, if the official start time is 9:00 a.m. but the employer requires employees to arrive by 8:30 a.m. to prepare for work, and no compensation is provided for that time, this may raise legal issues.
Any preparatory activities that are essential to performing the principal duties of the job are considered compensable time under labor law. For instance, if a machine operator is required to begin setting up equipment and conducting safety checks at 8:30 a.m. In order to start operating the machinery at 9:00 a.m., that 30-minute setup period is considered part of the workday and must be compensated. If an employer does not pay for such preparation time, the employee would be legally justified in reporting to work at exactly 9:00 a.m., without performing any preliminary tasks beforehand.
Another example involves massage therapists. If a 10-minute break is scheduled after each 50-minute session, but that time is used to prepare for the next client and the therapist is unable to rest, those 10 minutes may be counted as hours worked and should be compensated accordingly.
However, determining whether a particular preparatory task qualifies as compensable work time is not always straightforward. For example, California courts have issued differing rulings on whether time spent changing into uniforms or putting on specialized equipment qualifies as compensable preparation time. Therefore, if you are uncertain whether your preparation activities count as work time, it is advisable to consult with a labor law attorney.
Commute Time
In general, the time spent commuting to and from work is not considered compensable time under California labor law. This rule applies even when an employee uses transportation provided by the employer.
However, if an employer requires employees to use company-provided transportation as a condition of employment, the time spent on that transportation may be considered compensable. In such cases, if the total time worked, including the commute, exceeds eight hours in a day, the employee may also be entitled to overtime pay.Additionally, if an employee who typically works at a fixed location is assigned to perform duties at a distant worksite for a special assignment, the travel time to and from that location may be considered compensable.
Because the determination of whether commute time qualifies as hours worked can vary depending on the circumstances, it is strongly recommended to consult with a labor law attorney to assess your specific situation.
JUSTICE FOR WORKERS, P.C. is a law firm dedicated exclusively to representing plaintiffs, that is, workers, in matters related to labor law and workplace injuries. For a free consultation, please contact us at (323) 922-2000. We have offices located in both Los Angeles and Orange County. If we take on your case, you will not be required to pay us anything unless and until we secure compensation on your behalf.
