jimbok 12-15-2006, 07:53 PM I live in PA and work out of my home office. My corporate office is in Newton, MA. Recently I was required to travel to my corporate office for three days of onsite training. I submitted mileage and my employer refuses to pay it stating that I should be the one to pay it as I don't have to travel daily to and from work. Is there a law in MA that requires an employer to reimburse for mileage that they require me to travel?
ScottB 12-16-2006, 02:15 AM Only California requires employers to reimburse business expenses. Since you work in Pennsylvania, that state's laws and not those of Massachusetts, would apply.
I would consider the statement of the employer to be a really bad sign.
Are you non-exempt and, if so, were you paid for the travel time?
jimbok 12-16-2006, 04:38 AM I'm in sales, so was paid on my base salary for the Wed travel to Boston. Was not paid for Saturday travel back from Boston. Also, found out my offer letter states approved expenses paid. My immediate supervisor had approved the expenses. We are a fairly small company in # of employees and are spread all across the world. Three other employees were fown in from Oregon, florida and the Netherlands, this was paid for.
It is true that mileage is not required by either PA or MA law. However, keep track of it; I believe you can claim it on your income tax.
ScottB 12-16-2006, 09:08 AM Yes, Jim can claim that on his income tax return as an un-reimbursed expense and get a reduction in taxes, but not recover all the costs. Not a wonderful deal.
It ticks me off that a company would use the absence of commute time and costs as an excuse to get out of reimbursing the costs of driving four or five hours (my estimate on what it would take to get from Philly to Newton), especially given the tolls along the way.
I am still not sure if Jim is exempt, which would affect payment for the travel time.
Not all sales folks are automatically exempt from overtime and payment for travel.
jimbok 12-16-2006, 12:51 PM The owner of the company feels that it is my priviledge to be working there. I'm actually west of Harrisburg, which translates to over 400 one way miles and about 7 hours. I think what amazes me is the guy actually thinks that I have no options in my choice of work places. Thus, the arrogance. The other really cool thing is that once I arrived in Boston and went to the meetings I was informed that my compensation structure was changing and I was going to lose about $31K a year on my base salary, starting immediately, but no increase on my commission package. Duh.... do you think this guy might be sending me some sort of message? If not, he's got to be one of the bigger boneheads out there. Oh well, as the old saying goes, he can't take away my birthday! What a guy.......
Pattymd 12-16-2006, 01:00 PM Oh well, as the old saying goes, he can't take away my birthday!
I don't know what to say about your last post, but the above is a GREAT line. May I borrow it? :)
jimbok 12-19-2006, 01:59 PM Use it all that you want to. You can also use this one. It is easier to get forgiven, than permission.
Pattymd 12-20-2006, 02:25 AM Use it all that you want to. You can also use this one. It is easier to get forgiven, than permission.
THAT one I HAVE used before. Often. :D
Pet Sitter 03-11-2007, 01:24 PM I work for a pet sitting company. I am friends with my employer, and so, we are trying to work out all the kinks together. Anyway... because I am using my vehicle to drive from one clients home to another, am I entitled to a mileage reimbursement? My employer does not offer this at this time, so do I just have to wait till tax time to try and claim it? What about gas expense? Again, employer can't offer this at this time... can I save my receipts and write this all off??
Again, the type of business is to travel throughout the day going to various homes.
Both my employer and myself would appreciate any insight!
Thanks.
Jim (Massachusetts)
Barring a bona fide contract that says otherwise, there are no circumstances in MA (or any other state except California) where your employer is required by law to pay you mileage. That answer has not changed in the three months since this thread originated. The same applies to gas expenses - what do you think the mileage is supposed to cover if not gas?
The likelihood is that your employer has to consider the time you spend driving between clients as hours worked, but that's a whole different issue.
As I said, I believe this can be claimed on your income tax but I am not a tax expert. Discuss it with your tax advisor.
|
|