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Reimbursement for mileage and paid under minimum wage?

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  • Reimbursement for mileage and paid under minimum wage?

    Hello everyone! I'm new, anyways let me get started.

    1.) I work for a well known pizza company which we will call "A". The owner does not reimburse us employees for mileage during driving. One employee told me to just write down the dates and how many miles driven and use it for a tax write off. (I am keeping track FYI.) Is not reimbursing employees for mileage illegal in Oregon?

    2) When I was hired, I was hired on as a Customer Service Representative or CSR for short. My next question is. If I get fired because my car breaks down, can I get unemployment because the owner fired me for something that doesn't technically pertain to my job? Or can I take legal action?

    3) Next question. All credit card tips are taxed. When I am an insider I get paid $8.50 an hour. When I am a driver I get paid $8.40 (.10 cents under Oregon's minimum wage.) Do I get paid $8.40 because of my tips being taxed from credit cards?

    One more thing!

    4) Should I get reimbursed for all the gas I use as well? Or would that just tie in with mileage?
    Last edited by DisgruntledPizzaMan; 08-17-2011, 10:15 PM.

  • #2
    There are exactly two states (CA, MA) that require mileage reimbursement. No OR rules are being violated by failure to reimburse mileage.

    There is an extremely limited federal exception for employees paid at or near the federal minimum wage. This is called the "free and clear" rule. Meaning basically that employer mandated unreimbursed expenses cannot cut into minimum wage requirement. This is not the same thing as saying that the employer must reimburse expenses. Example. Federal MW is $7.25/hr. Bob is normally paid $7.50/hr. Bob works 40 hours this week. Meaning Bob this week is paid $10 more then MW. Meaning that Bob legally cannot have more then $10 in unreimbursed expenses this week under federal rules.

    You can always file for UI. The decision is made by the state not the employer. I can guess on what the state's decision would be but it would at best be a guess. The reason for the termination should not be disqualifying but your lack of a working car might be, if indeed a working car is required for you to hold a job. Again, that is strictly the state's decision, not mine, not yours, not your employer's.

    You can always sue anyone you want, as long as you have plenty of money to pay your attorney. But based on what you have said, this would not be a legally wrongful termination. Most terminations are legal.
    http://employeeissues.com/wrongful_termination.htm

    Insufficient information to give you a good answer on your tips. Read the federal rules on tips, all of them, but obvious focus on the tip rules. See if that answers your question.
    http://www.dol.gov/whd/regs/compliance/whdfs15.htm

    Gas and mileage are really the same question (and answer).
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      My job is not to deliver, it's to be a CSR. Stay inside answer phone calls etc..

      I don't want to sue and thank you for answering my questions.


      My next question would be. What should I do about my boss not allowing me breaks? If I am correct, the law states one 30 minute break per 8 hours of work and one 10 minute break per 4 hours of work, but I could be wrong. I have worked 10-12 hour shifts and never received a single break.

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      • #4
        While you were hired as a CSR you are now a delivery person. If you are doing a different job then hired, then you are no longer a CSR even if the boss never said so.

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