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Mileage Reimbursement

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  • baq
    started a topic Mileage Reimbursement

    Mileage Reimbursement

    I work as a security guard driving from post to post. I have to patrol 3 different properties throughout a 10 hour shift. I got a dollar raise because my job doesnt have a company car so i use my own vehicle to patrol the different properties but shouldn't I get mileage compensation since im using my own vehicle?

  • DAW
    There are exactly two states (CA, MA) whose labor laws require mileage reimbursement. Your state does not.

    Federal labor law does not directly require mileage reimbursement. There is a small chance that the federal "free and clear" rule associated with mileage reimbursement however might. Example. Bob makes exactly federal minimum wage ($7.25/hr). If Bob is out of pocket for any non-commute personal auto expenses required to be spent by his employer, we have a violation of the federal "free and clear" rule associated with minimum wage. Lets change the facts a little. Jill makes a little over federal minimum wage ($7.50), a whole $0.25/hr over MW. Lets say that Jill always worked at exactly 40 hours per week. This means that Jill is paid exactly $10/week over federal MW. This means according to the federal "free and clear" rule, under federal rules Jill can legally have as much as $10/hr in unreimbursed expenses each week. This is not nothing, but it is very far from a federal rule requiring expense or mileage reimbursement. As long as MW is not impacted, the feds just do not care. More over, there is nothing in the federal rules that mentions "mileage" at all. Technically the employee would be arguing that actual expense is impacting MW, not mileage.

    I understand that this is not what you want to hear.

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