Plaintiffs appealed from a judgment of the Court of Appeal of California, Sixth Appellate District, concluding that the time plaintiffs spend traveling on their employer’s buses was not compensable under Industrial Welfare Commission Wage Order No. 14-80, Cal. Code Regs., tit. 8, § 11140.
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Overview
Defendant employer required plaintiff employees to meet for work each day at specified parking lots. Defendant transported them, in buses that defendant provided and paid for, to the fields where plaintiffs actually worked. At the end of each day, defendant transported plaintiffs back to the departure points. Defendant’s work rules prohibited employees from using their own transportation to get to and from the fields. Plaintiffs argued defendant should have paid them for the time they spent assembling at the departure points, riding the bus to the fields, waiting for the bus at the end of the day, and riding the bus back to the departure points. The court concluded that the time plaintiffs were required to spend traveling on defendants buses was compensable under Industrial Welfare Commission Wage Order No. 14-80, Cal. Code Regs., tit. 8, § 11140, because they were “subject to the control of an employer” and did not also have to be “suffered or permitted to work” during this travel period.
Outcome
Judgment reversed and remanded for further proceedings consistent with this opinion. The court concluded that plaintiffs’ compulsory travel time was compensable as “hours worked.”
