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New Here-Per Diem and Travel Expenses California

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  • New Here-Per Diem and Travel Expenses California

    Hi all I'm new here and have a question.

    The company i work for, we do Government and Private Sector work. When I do P.S. Jobs I get Gas, meals, and hotels paid for. But when I do Gov. Work my boss tells me that the Gov. won't re-emburse for Per Diem and Travel Expenses so I don't receive any. So my question is, regardless if it being Gov. work am I supposed to be paid for Travel Expenses and Per Diem by law? The farthest Gov. Job I'm working currently, us 244 miles 1 way from where I live.
    Thanks in advance

    Adam

  • #2
    Are you an employee or independent contractor? Is all of the work performed in CA? What government? Federal? State? Local? What type of work?
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      Originally posted by ElleMD View Post
      Are you an employee or independent contractor? Is all of the work performed in CA? What government? Federal? State? Local? What type of work?
      I am an Employee. All work is in CA. Federal Government. I install, security and surveillance systems. As well as networking.

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      • #4
        Is your employer private sector or governmental? I am not asking about the clients but solely about the nature of your employer.

        Assuming your employer is a vanilla private sector employer, then it is subject to normal labor laws. Governmental employers sometimes have exceptions to the normal labor laws. There is a labor law code number 2802 which says that actual expenses must be reimbursed. It does not say the IRS maximum rate for mileage must be used but DLSE has written opinions that like using the rate and put the burden of proof on the employer to show a different method is applicable. Neither the law or DLSE says that Per Diem is ever required. CA-DLSE is ok with following the IRS Per Diem rules as a safe harbor alternative but there is nothing in CA or federal law which requires the employer to use Per Diem. And whatever specific clients will or will not reimburse is legally unrelated to employer obligations to employees.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          Originally posted by DAW View Post
          Is your employer private sector or governmental? I am not asking about the clients but solely about the nature of your employer.

          Assuming your employer is a vanilla private sector employer, then it is subject to normal labor laws. Governmental employers sometimes have exceptions to the normal labor laws. There is a labor law code number 2802 which says that actual expenses must be reimbursed. It does not say the IRS maximum rate for mileage must be used but DLSE has written opinions that like using the rate and put the burden of proof on the employer to show a different method is applicable. Neither the law or DLSE says that Per Diem is ever required. CA-DLSE is ok with following the IRS Per Diem rules as a safe harbor alternative but there is nothing in CA or federal law which requires the employer to use Per Diem. And whatever specific clients will or will not reimburse is legally unrelated to employer obligations to employees.
          Employer is Private Sector

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