Hernandez v. Pacific Bell Telephone Co.Annotate this Case
Plaintiffs were class representatives of current and former employees of defendant Pacific Bell Telephone Company who installed and repaired video and internet services in customers’ homes. They appealed a judgment in favor of defendant following cross-motions for summary judgment or summary judgment. Plaintiffs sought compensation for the time they spent traveling in an employer-provided vehicle--loaded with equipment and tools--between their homes and a customer’s residence (the worksite) under an optional and voluntary Home Dispatch Program. The trial court, like federal courts that have considered the question under California law, concluded the travel time was not compensable. The Court of Appeal agree and affirmed, finding: (1) the Home Dispatch Program was not compulsory; and (2) simply transporting tools and equipment during commute time was not compensable work where no effort or extra time is required to effectuate the transport.