Does the "going and coming" rule apply to personal errands conducted during meal breaks?

California, United States of America


The following excerpt is from Maiello v. La Digital Post, B255029 (Cal. App. 2015):

Two additional exceptions to the "going and coming" rule apply when the employee's travel involves a business-related purpose. Under the "'special-errand exception," an employee's travel falls within the scope of employment if he or she "is not simply on his way from his home to his normal place of work or returning from said place to his home for his own purpose, but is coming from his home or returning to it on a special errand either as part of his regular duties or at a specific order or request of his employer." (Moradi, supra, 219 Cal.App.4th at p. 906; see also Felix v. Asai (1987) 192 Cal.App.3d 926, 931-932.) Similarly, under the "'dual'" or "'combined purposes'" exception, employee travel to and from work is within the scope of employment "'[w]here the [employee] is combining his own business with that of his [employer], or attending to both at substantially the same time." (Tryer, supra, 9 Cal.App.4th at p. 1483.)

C. The "Required-Vehicle" Exception Does not Apply to Personal Errands Conducted During Meal Breaks

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