Many employees driving a company vehicle in California are underpaid without realizing it. If your workday begins the moment you leave home in a company truck or van, whether you are picking up tools, following a required route, or heading straight to your first stop, you may already be performing paid work.
Ordinary commute time is usually not compensable, but when your employer controls how or when you travel, that commute can legally become paid time under California labor law. Those unpaid minutes can add up to thousands of dollars in lost wages.
I’m Matt Ruggles, and I’ve been practicing employment law in California for more than 30 years. I get calls all the time from employees asking whether they should be getting paid for the hours they spend driving company vehicles. In some cases, those unpaid minutes can add up to thousands of dollars in lost wages.
Two California Supreme Court decisions explain exactly when commute time becomes paid work: Morillion v. Royal Packing Co. and the more recent Huerta v. CSI Electrical Contractors (2024).
In this blog, I’ll explain:
- What California law says about when commute time becomes paid work
- The key lessons from Morillion and Huerta
- How employer control can turn travel into compensable time
- What to do if your employer isn’t paying you for required travel
If you are wondering whether you can take legal action before quitting, read my blog: Can I Sue My Employer for Unpaid Wages While Still Employed?
If you believe your employer is not paying you for time you spend traveling for work, call me at the Ruggles Law Firm at 916-758-8058. I am available to talk and help you understand whether that time should be on your paycheck.
When Commute Time Counts as Paid Work Under California Law
Under California law, not every minute you spend traveling for work qualifies as paid time. The starting point is how the state defines “hours worked.”
According to the California Wage Orders, “hours worked” means the time an employee is subject to the control of the employer or permitted to work, whether or not required to do so. That definition is broader than federal law and is what makes California’s employee protections stronger.
Here is what that means in practical terms:
- Normal home to work commuting, the time it takes you to leave your house and arrive at your regular work location, is not paid.
- Once you are under your employer’s control, such as being required to use a company vehicle, follow a specific route, or report to a staging site before starting your day, that travel time can become compensable work time.
The key question is control. If your employer controls your travel, where you go, when you leave, what route you take, or what you can and cannot do along the way, then that commute may qualify as paid time under California law.
Key Takeaways: Paid Commute Time in California
- Ordinary commutes are not paid, but employer control changes everything.
- If you must drive a company vehicle, follow a set route, or make required stops, that time can be compensable work.
- California law defines paid travel by control, not distance.
- Two landmark cases, Morillion and Huerta, confirm when commute time becomes paid.
- If your employer controls your commute but doesn’t pay for it, you may be owed unpaid wages and penalties.
Next, we will look at the California Supreme Court’s decision in Morillion v. Royal Packing Co., which first established this rule and remains the foundation for how paid commute time is defined today.
Employer Control Rule: When Driving a Company Vehicle Becomes Paid Work in California
The California Supreme Court’s decision in Morillion v. Royal Packing Co. (2000) set the foundation for how commute time is treated under California law. In that case, agricultural employees were required to meet at a central location each morning and ride company buses to the fields where they worked. They were not allowed to drive their own cars, make personal stops, or choose when or how to travel.
The Court ruled that this bus ride time had to be paid because the employees were under the employer’s control from the moment they boarded the buses. Even though they had not yet reached the fields, they were performing work-related travel dictated entirely by their employer.
This is what lawyers and courts refer to as the “control test.” The test focuses on whether the employee is under the direction and control of the employer during travel, rather than simply whether the employee is performing physical labor.
Here is how the Morillion rule applies to employees who drive or ride in company vehicles:
- Mandatory employer transportation: If you must use the company’s vehicle to reach job sites, that travel time is likely compensable.
- No personal stops allowed: If you are not free to stop for personal errands or breaks, that loss of freedom shows employer control.
- Required staging points or group travel: If you must report to a yard, warehouse, or meeting point before heading to your first work site, that time counts as hours worked.
The takeaway from Morillion is that control, not distance, determines whether travel time must be paid. When your employer dictates how, when, or where you travel, that time is part of your workday.
The Huerta Decision: When Commute Time Becomes Paid for Employees Driving Company Vehicles
The California Supreme Court revisited the issue of paid commute time in Huerta v. CSI Electrical Contractors (2024). This case involved construction workers who drove company vehicles loaded with tools and equipment between job sites. The employer argued that the drive from home to the first job site was normal commute time and therefore unpaid. The workers disagreed, claiming they were already performing duties for the company before leaving home.
The Court used this case to clarify what is known as the “first location where the employer requires your presence.” According to the Court, once an employee is required to report to a specific location or perform tasks for the employer before reaching that first site, the time spent traveling afterward can become compensable work time.
For example, if you are required to:
- Inspect, load, or secure company tools or materials before driving,
- Perform vehicle safety checks or paperwork at home or a company yard, or
- Wait for approval or instructions before departing for the first site,
then that time is likely considered hours worked under California law.
The Court emphasized that what matters most is whether the employee’s travel is restricted or directed by the employer’s control. If you are driving a company vehicle filled with work materials and cannot make personal stops or freely choose your route, that travel is no longer a personal commute, it is part of your job.
For construction and field employees who start their day behind the wheel, this ruling provides an important safeguard. When your employer requires you to perform work duties or manage company property before or during your commute, that time must be paid.
Examples of Paid Commute Situations for California Company Vehicle Drivers
Every workplace handles travel time a little differently, but the courts in California apply the same basic rule: if your employer controls how and when you travel, that time may count as hours worked. Below are some common examples that show how these situations are treated under California law.
Employer-Required Transportation or Staging Points Under California Labor Law
When employees are required to meet at a specific location and take employer-provided transportation to the job site, that travel time is generally paid. This includes construction workers, agricultural employees, or field crews who must ride company shuttles or buses before starting their shift. The court in Morillion v. Royal Packing Co. made clear that this level of control turns commute time into compensable work time.
Voluntary Take-Home Company Vehicle Programs and Unpaid Commute Time
If your employer allows you to take a company vehicle home for convenience but does not require it, the commute from home to the first work site is typically not paid. In these situations, you are choosing to take the vehicle home and still have full control over when and how you travel. The key factor is that participation in the program is voluntary and not directed by your employer.
If you are not sure whether your on-call time should be paid, read my blog: Do You Have to Be Paid for On-Call Time in California?
Required Stops or Tasks That Turn Commute Time Into Paid Company Vehicle Travel
When an employee must stop at a company location to pick up materials, tools, or assignments before heading to the first work site, that travel time is often paid. The reason is that your workday effectively starts when you are required to perform a task for the employer, such as collecting supplies or loading equipment. The trip from that point to the next destination is under your employer’s control and must be compensated.
Vehicle Inspections and Waiting Time While Driving a Company Vehicle in California
If you are required to conduct a vehicle inspection, complete safety checks, or wait for a supervisor’s approval before leaving a site, that waiting period counts as paid time. Courts treat these activities as part of your work duties. Even short delays caused by inspection or reporting requirements can add up to significant unpaid wages over time.
In each of these scenarios, the determining factor is control. If the employer directs your actions during travel, that time is no longer your personal commute, it is part of your workday and should be paid accordingly.
How to Know If Driving a Company Vehicle in California Should Be Paid Work
Determining whether your commute should be paid under California law depends on one key factor: how much control your employer has over your travel. If your employer limits your freedom or requires you to perform work-related tasks before or during your commute, that time may qualify as hours worked.
Here is a simple checklist of facts that matter most when deciding if your travel time should be compensated:
- Required vehicle use: You must use a company vehicle to travel between home and job sites, or you are not allowed to use your personal vehicle.
- Restrictions on routes or stops: You are not free to choose your own route or make personal stops during the commute.
- Mandatory reporting or inspection points: You must report to a yard, warehouse, or staging site before going to your first job location, or you are required to check in at certain points along the way.
- Waiting time under employer direction: You have to wait for approval, vehicle inspections, dispatch instructions, or co-workers before leaving or after arriving.
If any of these apply to you, your travel time may be compensable under California’s “control test.”
It is important to document everything. Keep a record of your daily schedule, routes, and any employer instructions related to travel. Save emails, text messages, or timesheets that show when your employer expects you to start or end your day. These details can make a significant difference in proving unpaid wage claims for commute or travel time.
If you are worried about retaliation for asking about missing pay, read my blog: How Do I Ask for Unpaid Wages Without Getting Fired?
How to Recover Unpaid Commute Wages in California
If you believe your employer is not paying you for travel time that should be compensated, there are steps you can take to protect your rights and recover what you are owed. Travel-related wage claims can add up quickly, especially when unpaid time pushes your total hours into overtime.
Here is a simple step-by-step approach:
Step #1: Gather Documentation to Prove Unpaid Commute or Travel Time in California
Keep a detailed record of when you start and end your day, where you travel, and what your employer requires before or after your shift. Save any instructions, texts, or schedules that show how your travel is directed or controlled.
Step #2: Review Company Travel and Commute Pay Policies in California
Check your employee handbook, offer letter, or company memos for any references to travel time or company vehicle use. Many employers include travel policies that help clarify whether the time should be paid.
Step #3: Contact HR About Unpaid Travel Time or Company Vehicle Pay Issues
Sometimes an employer’s failure to pay for travel time is a mistake that can be corrected internally. If you feel comfortable doing so, ask HR or your supervisor for clarification about the policy.
Step #4: Reach Out to a California Employment Lawyer About Unpaid Commute Time
If your employer refuses to pay or you believe the policy violates California law, contact an employment attorney. A lawyer can evaluate whether your travel meets the legal definition of “hours worked” and help you pursue the unpaid wages, overtime, and penalties you may be entitled to recover.
Unpaid commute time can add up to significant losses over weeks, months, or even years. California law allows employees to recover not only the wages they are owed but also overtime pay and waiting-time penalties when employers fail to pay for compensable travel time.
If your employer controls your commute but does not pay you for that time, you may be losing money you have already earned. Do not assume it is part of the job. Call me at the Ruggles Law Firm at 916-758-8058. I will review your situation, explain your rights under California law, and tell you what you can do to recover the pay you are owed.
To learn how to demand unpaid wages effectively and safely, read my blog: How to Demand Unpaid Wages Like an Employment Lawyer.
FAQs About Driving a Company Vehicle in California and Paid Commute Rights
Many California employees are unsure when their travel time should be paid. These answers explain how the law treats company vehicle travel, commute control, and when your time on the road counts as work.
Can I get paid for commute time in California if I drive a company vehicle?
Yes. If your employer requires you to drive a company vehicle and controls when or how you travel, that time can count as paid commute time in California. The key factor is employer control. If you are not free to choose your route, make personal stops, or decline to use the vehicle, the commute becomes hours worked under California labor law.
What does California law say about paid travel time between job sites?
Under California law on paid travel time, if you travel between multiple job sites during the day, that time is generally compensable. The law treats inter-site travel as part of your workday, not a personal commute. Employers who fail to pay for that time may owe you unpaid wages and overtime.
When does commute time count as hours worked under California labor law?
Commute time counts as hours worked when your employer directs your travel or limits your personal freedom while you are commuting. For example, if you must check in at a staging site, load tools, or complete a vehicle inspection before heading out, your employer is controlling your commute, and that time should be paid.
Does driving a company vehicle home affect my right to travel pay in California?
If taking the company vehicle home is voluntary, your commute is usually not paid. But if you are required to take the vehicle home, keep it secure, or transport company tools, the time spent driving may qualify as company vehicle travel pay in California. The difference comes down to whether the program is for your convenience or your employer’s.
What if my employer says I do not get paid for driving between sites?
That may violate California’s travel time laws. Once your workday begins, all travel required by your employer must be paid. Even short trips between job sites count. If your employer claims this time is unpaid “commute time,” it may be worth speaking with an employment lawyer to review your situation.
How can I prove my employer controls my commute under California labor law?
You can show control by keeping documentation such as:
- Written policies about vehicle use or routes
- Text messages or instructions about where to report
- Records showing mandatory stops or inspections
These details can prove that your employer directed your travel and that you are owed unpaid commute time in California. Keeping accurate records helps protect your claim if you decide to pursue unpaid travel pay.
If you have an ongoing dispute over unpaid hours, read my blog: How Do I Resolve an Unpaid Wages Dispute in California?
Key Takeaways on Paid Commute Time and Employer Control for California Company Vehicle Drivers
- Employer control determines compensation. If your employer directs how, when, or where you travel, that time may count as paid work.
- Ordinary commutes are not paid, but exceptions matter. Required vehicle use, mandatory stops, or inspection points can turn a commute into compensable time.
- Two Supreme Court cases define the rule. Morillion and Huerta both confirm that control, not distance, decides when travel time must be paid.
- Documentation is critical. Keep notes, texts, or timesheets showing employer control or required tasks during travel.
- Unpaid commute time adds up. Failing to pay for controlled travel can result in back pay, overtime, and penalties.
Final Thoughts on Employee Rights When Driving a Company Vehicle in California
Too many California employees lose money every month because their employers treat controlled travel time as “off the clock.” The law says otherwise. If your workday starts before you reach the job site, because you are driving a company vehicle, performing required checks, or following employer directions, that time likely belongs on your paycheck.
Call me at the Ruggles Law Firm at 916-758-8058. I can review your situation, explain whether your commute qualifies as paid time, and help you recover the wages you earned.
Matt Ruggles has a thorough understanding of California employment laws and decades of practical experience litigating employment law claims in California state and federal courts. Using all of his knowledge and experience, Matt and his team can quickly evaluate your potential claim and give you realistic advice on what you can expect if you sue your former employer.
Contact the Ruggles Law Firm at 916-758-8058 for a free, no-obligation evaluation.
Blog posts are not legal advice and are for information purposes only. Contact the Ruggles Law Firm for consideration of your individual circumstances.
