Mileage Reimbursement

[hjens56]

I am new to this forum and this question may have been posted and answered elsewhere. If so, please direct me to it. But if not...

I recently started working as a delivery driver for a home delivery grocery store using my own vehicle to make deliveries. I get paid minimum wage plus tips and usually drive between 40-60 miles a day, excluding my commute to and from the store. I am paid nothing for gas or vehicle upkeep.

My question is if the store is required by state or federal law to pay for mileage since I use my personal vehicle. I have heard rumors and people tell me that they are, but I would like to know how much they are required to pay and what code specifies this, if any.

As a related side question, the store does own a couple delivery vehicles that some drivers are allowed to use, but they are still required to pay for gas. Is this legal?

[burciagash]

As stated in the CA labor law book:

You are required to reimburse employees for all that they necessarily expend or lose in direct consequence to the performance of his/her duties or obedience to your directions.


More common examples are mileage, travel, and dining expenses. In extreme cases, this also includes compensating employees sued by third persons for conduct within the scope of employment.

Employers may reimburse employees for mileage at or below the rate allowed by the IRS. Anything beyond the IRS rate may be taxable as wages. The IRS mileage rate is 40.5 cents per mile.

Hope this helps

[hjens56]

Thanks for the response. I have seen the code that states that employers must reimburse employees for expenses, and the IRS mileage rate. I was wondering if there is something that specifically mentions mileage.

Also, though it seems there is a maximum they are able to reimburse before taxes are owed, is there a minimum they must reimburse? Or are they required to meet the full expense up to the IRS rate?

Finally, since it seems that my employer is in violation of this particular section of California labor law, does anyone have any suggestions on how to bring this up to my supervisors?

Thanks.

[burciagash]

There isnt a minimum they have to pay but, per another thread I read the difference may be deductible. You should talk to the person who prepares your taxes.
You should definately make an appointment with your HR manager regarding this situation.