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Mileage Reimbursement after 200 miles driven?

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  • Mileage Reimbursement after 200 miles driven?

    My boss has put me in a new position which will require me driving nearly 3/4 of the day to and from different properties.

    She said they will reimburse me .40 per mile I drive AFTER I reach 200 miles weekly. Is this legal? Do they have to start reimbursing me as soon as I start driving for work related things (I know I don't get reimbursed until I am at my first job site) or can they make me drive 200 miles before I even get paid?

    They were originally going to do that after 300 miles but decided since I drive a pick up truck that they should lower it to 200... -_-

  • #2
    I will also add that I am a "contract employee" and she pays me $10.25 an hour, plus now this mileage reimbursement.

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    • #3
      In your state, and in 46 others, they are not required to reimburse you for mileage at all. If they want to start it at 200 miles, that's still more than they are required to do by law.
      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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      • #4
        Alright, thank you! Just wanted to check!

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        • #5
          Probably agree with the other responses, but I have a few questions.
          - When you say "contract employee" do you mean "employee"? Taxes withheld from your check and you get a W-2 at year end? If so, all employees (whether or not you add the word "contract") are subject to something called labor law. NC is indeed not one of the two states that requires mileage reimbursement. However, all states are subject to the federal minimum wage law and this law requires that MW be paid "free and clear" of all employer imposed obligations. This rule does not require the employer to reimburse expenses per se, but if unremibursed expenses functionally reduces actual payments below federal MW, then we have a federal labor law violation.
          - You also mentioned "contract". While employees can have contracts, that is the exception, not the rule. Contracts cannot make labor law obligations go away (assuming you are an employee), but contracts can potentially add obligations. Have you read the contract? Does it mention mileage?
          - Lastly people sometimes use the phrase "contract employee" to mean "independent contractor" - a worker who is not an employee and who is not subject to labor law at all. If such a worker is really not an employee, then labor law (including MW) is off the table and the sole remaining law is the contract (and contract law).
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            My guess is that your "employer" is trying to set you up as a bogus "independent contractor" in order to not pay your payroll and withholding taxes, and to avoid covering you for on the job injuries under our Workers' Compensation Act. We see this type of fraudulent arrangement often in NC. Better be careful.
            Bob Bollinger, Attorney
            Board Certified Specialist in NC Workers' Compensation Law
            Charlotte, NC

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