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Vehicle required--need compensation in MA Massachusetts

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  • Vehicle required--need compensation in MA Massachusetts

    My fiance is a carpenter and needs a truck for work. He carts tools and supplies around for his boss and is expected to go from job site to job site during the day. He is not compensated by mileage or given gas money or any reimbursement whatsoever. Is this legal and is there a law requiring an employer to pay compensation? Thanks!

  • #2
    No, there is no law requiring that he be paid mileage or any other compensation for the use of his truck. However, he may well be able to claim that mileage on his income tax if the employer does not choose to reimburse him for it.

    I assume you are saying that he is not paid for the truck useage and that you are not saying he is not paid a wage for his hours of work, correct?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Correct, he is not paid for the use of his truck and he is paid wages.
      Thanks for the quick response.

      In his company there are four employees. Two have a company gas card. One gets $100 every other week for gas and my fiance gets nothing. If there anything that could help him get gas from his boss?

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      • #4
        No, nothing but appealing to the employer's sense of fair play. As indicated, no Federal law and no law in MA (nor in any other state except CA) requires that he be paid mileage or given a gas allowance, and the law also does not require that all employees be treated exactly the same. (In addition, with only four employees the employer is not subject to either Federal or state discrimination laws, EVEN IF there were a reason to believe that a protected characteristic were at the bottom of this, and nothing you have posted suggests that is the case.)
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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