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Mileage Reimbursement Entitled to Insourced Consultant? Wisconsin

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  • Mileage Reimbursement Entitled to Insourced Consultant? Wisconsin

    I work for a small communications company. It is located 12.7 miles from my home. But, I am an insourced consultant for a client, and work from the client's office nearly 95% of the time. The client's office is 19.6 miles away from my home. Therefore, I am traveling (round trip) an additional 13.8 miles per day to get to my client's office instead of to my company's office. Am I entitled to mileage reimbursement for that 13.8 miles per day?

    The length of this contract is indefinite - I've actually been doing it for three years and it only just now dawned on me that I'm likely entitled to mileage reimbursement for this!

    If I am entitled to it, a link to the actual law that covers this would be extremely helpful. Thanks much in advance.

  • #2
    Wisconsin employers are not legally required to reimburse their employees' work-related mileage expenses.

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    • #3
      There are exactly two states (CA, MA) that require mileage reimbursement, so agreed with the last answer.

      The one sort of back handed exception is part of federal law (FLSA.) For the sake of discussion lets say you are paid at or near minimum wage. Federal law requires that minimum wage and overtime requirements be paid "free and clear". This mostly refers to most types of decusions but also covers unreimbursed expenses but only to the extent that failure to reimburse these expenses impacts the MW/OT obligation.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        While the employer doens't have to reimburse, you might possibly check into a personal tax deduction for the difference. The only thing that I am not sure about is the timeframe. Since you have been going that far for so long, the IRS may view that as a permanent drive.

        http://www.irs.gov/publications/p463/ch01.html#d0e396

        plus your employer might have a policy that is more generous than required....so it doesn't hurt to ask them.

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