Announcement

Collapse
No announcement yet.

Travel time, mileage, and wear & tear on personal vehicle Florida Florida Florida

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Travel time, mileage, and wear & tear on personal vehicle Florida Florida Florida

    I am currently employed by a house cleaning company that requires me to drive my personal vehicle from home to home to do my job without reimbursing me for mileage, gas, travel time, or wear & tear on my vehicle. They said over 8 months ago that they would look into this issue as well as whose insurance would cover me in case of an accident while commuting between homes. I have received none of the above as of yet. They provide our manager with a company vehicle and insurance as well as tires, gas, and other maintenance issues. Do I have any legal course to be reimbursed? Since bringing this issue up at an employee meeting again last week, my hours were cut by over 50%!

  • #2
    There is no Federal or state law that requires that you be reimbursed for the personal use of your car. The cost you incur is deductible on your Federal taxes.

    It doesn't matter a bit that a manager is reimbursed.

    Your insurance would be used in the case of an accident but your carrier might subrogate against your employer's insurance.

    You should be getting paid for time during the business day when traveling between assignments. That is covered under the Fair Labor Standards Act (FLSA). Though you don't have to be paid for driving to whereever you go to from your home at the beginning of the day or on your way home at the end of the day.
    Last edited by Payroll Guy; 08-30-2016, 08:31 AM.

    Comment


    • #3
      An argument could be made that if the employee is paid at or close to minimum wage and has un-reimbursed business expenses in excess of payments exceeding minimum wage (if any) that a federal (FLSA) minimum wage violation has occurred. This is pretty black letter federal law. FL is more complicated. FL has very little in the way of state law and does not administratively enforce what little law they do have.

      Increase payment beyond federal minimum wage, say $15/hr, then this argument completely disappears because FLSA does not care about non OT amounts paid in excess of MW.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

      Comment


      • #4
        Interesting you mentioned that. I had a client, a day care center, against my advice she told the employees virtually all of whom were minimum wage they had two options on what to wear at work. Option one was a scrub top that they could purchase anywhere the wanted at their own expense, option two was a T-Shirt with the day care's logo. She would sell them as many as they wanted at cost. The cost was much less than the cost of scrubs. Most took the T-Shirt option and did it via payroll deduction.

        US DOL came through the state on a crusade hitting all of the day care centers they could find. Sure enough the hit her for the amount of the T-Shirts. During the discussion the client brought up the fact that they had the option of the scrubs that they would have had to purchase on their own. (I cringed because I figured there was some more the client would have to pay back.) I was surprised when the DOL officer said that isn't a problem. They only problem they had was the payroll deductions which lowered them below minimum wage. He even said that the shirts could be sitting out in a case and those same employees could pay more for them to the employer and it wouldn't have been a problem. I was shocked but I wasn't going to argue with him.

        Comment


        • #5
          This is called the "free and clear" rule and it has a long history, including some "company store" cases where the company owns the houses the employees live in and the food they eat, and the employee is always deep in debt to the company store. In 1938 when FLSA passed, the legal requirement that minimum wage and overtime obligations be meet "free and clear" of any so-called "voluntary" deductions. This has a ton of case law and pretty much any argument an employer can make has been made. A lot. Not a good rule to play with.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

          Comment

          Working...
          X