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  • California - Compensation for gas

    I work for a sub-contractor company which does satellite installations for Dish Network in California. My company requires me to drive a company vehicle, which I pick up from the shop each morning. Some days I may drive in excess of 200 miles from install to install, and I am required to pay for my own gas, with a compensation of just $10 a day no matter how many miles I've driven. They do provide a company gas card, and all gas expenses in excess of the $10 a day compensation are deducted from my paycheck. After seeing that I end up having $200+ deducted every paycheck for gas expenses, I was wondering on the legalities of their system. Any help would be greatly appreciated!

  • #2
    I'm confused. If they are providing a company gas card, why are you paying ANY funds out of your own pocket?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      They say they provide the card merely as a convenience to us, so that we can have the funds deducted from our paycheck rather than pay for the gas up front.

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      • #4
        I still don't understand what a gas card provided by the company has to do with deducting from your paycheck.

        In any case, California law prohibits such deductions, and requires that the employer keep the employee "whole" for any business expenses. You can file a claim for the improper deductions with the DLSE. And that $10 they're giving you? That would be taxable earnings, since you aren't required to account for it; don't be surprised, though, if they fix the primary problem, that the $10 payment stops.

        http://www.dir.ca.gov/dlse/FAQ_Deductions.htm
        http://www.leginfo.ca.gov/cgi-bin/di...file=2800-2810

        Having said all this, I assume, even though you say "sub-contractor" that you are treated as an employee? As in, taxes being withheld?
        Last edited by Pattymd; 12-21-2006, 04:09 AM.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Yes, that's correct, I am treated as an employee. I'm a little confused as well though. Are they required to pay all the gas expenses or just a certain percentage? Or does that only come into effect if I were driving my own vehicle?

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          • #6
            The employer is required to cover all business-related expenses that are incurred by the employee; i.e., anything you pay out of your pocket or put on your credit card.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Thank you very much, I appreciate all your help!

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