What is the name of your state (only U.S. law)? California
Employer requires employee as part of normal duties to drive to non-standard work locations and perform work during normally scheduled work hours. This does not happen regularly but on an as needed basis. Example: Employee is scheduled to work 9-4 but is required to drive from San Diego to LA, be at the LA location at 1, perform functions in LA, and return to San Diego.
Employer is stating that their policy is to pay the greater of the hourly wage for the employee for the time spent driving or the IRS business mileage rate as a non-taxable reimbursement under an accountable plan. The employee CANNOT get paid for the time driving while working AND also get mileage reimbursement. Is this policy permissible under CA labor laws?
One other item of note: I am aware that CA law allows for an unpaid 30 minute meal break. I assume that an employer can require it be 60 minutes without a problem?
Employer requires employee as part of normal duties to drive to non-standard work locations and perform work during normally scheduled work hours. This does not happen regularly but on an as needed basis. Example: Employee is scheduled to work 9-4 but is required to drive from San Diego to LA, be at the LA location at 1, perform functions in LA, and return to San Diego.
Employer is stating that their policy is to pay the greater of the hourly wage for the employee for the time spent driving or the IRS business mileage rate as a non-taxable reimbursement under an accountable plan. The employee CANNOT get paid for the time driving while working AND also get mileage reimbursement. Is this policy permissible under CA labor laws?
One other item of note: I am aware that CA law allows for an unpaid 30 minute meal break. I assume that an employer can require it be 60 minutes without a problem?