San Diego Unpaid Travel Time Claims Lawyer

San Diego Unpaid Travel Time Claims Attorney

Travel for work is a part of many Californians’ jobs. As an employee, it can be confusing to understand what you should be compensated for and, if left without payment, how to get what you are owed. A San Diego unpaid travel time claims lawyer can help you file a petition and build a case to recoup the money you deserve.

About Us

The Law Office of Frank S. Clowney, III has spent years assisting the people of San Diego, Oceanside, Escondido, and throughout Southern California with their employment law matters. Founder and senior attorney, Frank Clowney III, has over four decades of experience handling cases ranging from unpaid wages to workplace sexual harassment claims. His accomplishments earned him a Top Lawyer ranking from San Diego Magazine.

Overview of Unpaid Travel Time Claims in California

Unpaid wages are a common problem throughout the United States. In 2024, the Wage and Hour Division returned more than $273 million owed to employees across the country. At the beginning of that same year in California, there were 47,000 backlogged claims against employers. Of these, 2,800 claims opened more than five years ago accounted for $63.9 million in unpaid wages.

Travel time can take many forms across all industries. A few examples include:

• Travel between job sites
• Dispatches
• Out-of-town work trips
• Company vehicle miles
• Transportation to temporary or special work locations
• Travel to mandatory trainings, classes, and other abnormal work meetings
• Unpaid overtime

Types of Unpaid Travel Time Claims in California

Unpaid travel time claim cases can be pursued in several different ways in California. The first method is to file a wage claim with the Division of Labor Standards Enforcement (DLSE) through a DLSE Form 1. The DLSE reviews your submission and schedules an informal settlement conference between the parties and a DLSE Deputy Commissioner. If a settlement cannot be met, the case will go to a Berman hearing, and the DLSE will make its verdict.

Civil Claim

The other option available to workers in California is a case filed as a civil claim. This follows typical court procedure with a pre-trial phase, negotiations, discovery, and a potential trial. Civil unpaid travel time claims in San Diego are handled through the Superior Court system. The North County location at 325 South Melrose Drive, Vista, CA 92081 often hears civil cases.

Hire an Unpaid Travel Time Claims Lawyer in San Diego, CA

It can be daunting and confusing to handle a wage theft case of any type on your own. Hire an unpaid travel time claims lawyer to guide you through the process. Our San Diego unpaid travel time claims attorney can assist you with each step of your case. A few services The Law Office of Frank S. Clowney, III can provide include:

• Gathering evidence. Unpaid travel time cases are built on strong evidence demonstrating that a trip was required for work and was not compensated. Legal counsel can gather vital information for your case, such as timecards, sign-in sheets, schedules, ticket and gas station receipts, communication with your manager, witness testimony, company policies, and expense reports.
• Choosing the claim type. Your attorney can advise you on whether to pursue justice through the DLSE system or to proceed directly to civil court.
• Negotiate on your behalf. The vast majority of all unpaid wage claims are settled before trial. We can advocate for your needs through these meetings and fight for a settlement you deserve.
• Representation in court. If the case proceeds to trial through either system, we can represent you both in and out of the courtroom.

FAQs About San Diego, CA Unpaid Travel Time Claims Laws

What Counts as Unpaid Travel Time for Employees in California?

In California, unpaid travel time is defined as any transportation an employee must make for their work that is not reimbursed. A few examples include mileage between job sites, flights to out-of-town work conferences, trips to mandatory classes or meetings, and extended commutes to temporary or special worksites. A San Diego unpaid travel time claims attorney can evaluate your situation and determine the strength of your case.

How Much Does an Unpaid Travel Time Claims Attorney Cost in California?

How much your California unpaid travel time claims attorney costs depends on the complexity of your case, the length of time it takes, the involved litigation, and the workload. A case where your employer settles early out of court tends to cost less than one requiring a multi-year trial. Another factor is the billing model, with some firms utilizing hourly rates, retainer expenses, or a set percentage from the final compensation.

What Is the 72 Hour Rule in California?

The 72-hour rule refers to the California Labor Code Statute 201, which mandates that an employee is paid within 72 hours of quitting or being laid off. This applies not only to wages but also to all funds owed, including travel time. If the employer fails to compensate an employee within this timeframe, they owe one day of full wages for each day payment is late, up to 30 days.

How Long Does an Unpaid Travel Time Claim Take in California?

How long it takes for your unpaid travel time claim to resolve in California can vary based on the details of your situation. The Labor Commissioner’s Office (LCO) reported that most cases take two years or longer to process, with a median timeline of 854 days before a decision. This estimation does not account for negotiations with your employer, additional necessary hearings, or civil litigation.

Speak With a San Diego Unpaid Travel Time Claims Lawyer

Traveling for your work can be an additional stressor that you should be compensated for. The Law Office of Frank S. Clowney, III can use our experience and legal skills to help you with your claim and fight to get the payment you deserve.

Contact us today for a free consultation, where we can discuss your case and strategies to obtain what you are owed. You may also visit our San Diego office, located on West Broadway across the street from Spreckels Theatre and a block from the Edward J. Schwartz Federal Courthouse.

Meet Our Attorney

The Law Office of Frank S. Clowney III brings over four decades of focused experience to employment, personal injury, and maritime law. The firm provides steady, knowledgeable representation in matters involving workplace disputes, serious injuries, and maritime claims, offering a practical, results-driven approach shaped by years of experience in California courts.

Since founding his practice, attorney Frank S. Clowney III has earned a strong reputation throughout San Diego for his professionalism, integrity, and dedication to achieving fair outcomes. With extensive trial experience and a deep understanding of employment and maritime law, the firm is trusted for its strategic advocacy and personalized client care.