Question, California Mileage Reimbursment

[Edward1Thomas]

I am employeed in California. I work for telecom/communications company and have been employed with this company for five. My employeer dispatches me to a specified sites in which I complete the work required. I use my personal vehicle to provide onsite tech support. I carry in my personal vehicle (24/7) companys supplied materials, tools and my own personal tools and equipment necesary to complete my employers tasks.

My company has initiated a policy that requires me to deduct 40 miles and 40 minutes from my first job site and 40 miles and 40 minutes from my last jobsite (total 80 miles and 80 minutes). Once I meet these required miles to deduct my company compensates me at .32 cents per mile.

My company's rationel for this deduction of miles is, this would be the distance I would travel to and from the business office.

This policy has left me in a difficult situation, due to an extremly slow period (6 month) I have had many weeks in which I have been dispatched for a single one hour job that is 35 miles from my house. This requires me to drive 70 miles round trip without any mileage or hourly compensation. With the current price of gas and wear and tear on my vehicle, I am losing money just driving to and from my required site The total pay I receive for the day, 1 hour..

My company has also informed me that my particular type of work doesn't qualify for the California State minimum of 4 hours for showing up to work.

I have tried unsuccessfully, to enquire about the legalities of my company's policy. I would really appreciate any input from this site concerning my legal options, and/or should I just find a different company to work for. Jobs are scarce right now in my field of work.

Thank you for your help!

[LConnell]

Your employer is right about the mileage and the time for the first and last job of the day. That is under the federal portal-to-portal act.

I'm not so sure about your status as being exempt from a minimum hour standard. Let me research it and get back to you.

Addition: I did research it and I am of the opinion that you should be paid for a minimum of 2 hours. Check out the top of page 172 of the following link: http://www.dir.ca.gov/dlse/DLSEManua...enfcmanual.pdf

You should contact the Department of Labor Standards Enforcement for a definitive answer. http://www.dir.ca.gov/DLSE/dlse.html

Let me know what they say.

[Edward1Thomas]

Originally Posted by LConnell

Your employer is right about the mileage and the time for the first and last job of the day. That is under the federal portal-to-portal act.

I'm not so sure about your status as being exempt from a minimum hour standard. Let me research it and get back to you.

Addition: I did research it and I am of the opinion that you should be paid for a minimum of 2 hours. Check out the top of page 172 of the following link: http://www.dir.ca.gov/dlse/DLSEManua...enfcmanual.pdf

You should contact the Department of Labor Standards Enforcement for a definitive answer. http://www.dir.ca.gov/DLSE/dlse.html

Let me know what they say.

Thank you LConnell, for your research and prompt reply. With the price of fuel on the rise, I was hoping for a different answer. At least I know what I need to do concerning my current employment. I find it amazing that a company can utilize an employee's vehicle for storage, and tech support service to various job sites and not compensate the employee for the entire use of the employees vehicle. What incentive would a company have to supply a company vehicle to an employee when the company can have the employee shoulder the majority of the expense of transportation? It seems to me that the employer in the best interest of the employee would compensate the entire expense back to the employee and write it off as a business expense. The unfortunate fact is, the customer will often unknowingly shoulder this added expense. The advise given to me by fellow employees is to pad the clock once onsite to compensate for the added transportation expense. This type of dishonest rationalization I believe is indirectly supported by the my company; more "on site hours" mean, more money in the company's pocket. Making a living I believe should involve feeling good about what you do for a living. Having to steal from a customer to make ends meet does not make me feel good about what I do for a living. Time to find another job!
Thank you again for you help in this matter.

[wsmith]

I have a somewhat similar job situation as far as travelling to multiple job sites in one day but mainly wanted to sympathize with your sentiments about the lack of incentive for employers to acquire company vehicles. It's a huge loophole that employers are reasonably held responsible to reimburse or provide required items such as uniforms but not a vehicle, when clearly the company is relying on your vehicle to execute the job (whether it be getting to it, hauling & storing equipment, etc.).
Nickel-&-diming via the "portal-to-portal" statute is another way for so-inclined companies to have employees shoulder their own operating costs. I find it shocking too that companies do not even have to provide commercial insurance that will cover accidents in a personal vehicle on company business but instead can rely on the employee's auto insurance (hence the reason for providing proof of your insurance to an employer, if you haven't already encountered this).

In my own industry you occasionally find employers who don't try to nickle-&-dime their people this way, hope you've had luck in finding one of these in yours. I guess the lesson for us all is to beware those employers clearly trying to get a "free ride".

Best,
wsmith

[bre_true]

I Drive 1hr 30min out of town on a Tuesday and I stay their till Friday and I drive 1hr 30min Home and every morning I drive to the work site from the Hotel. SHould I get drive time and /or mileage. They stated because I am in my owe vehicle they do not have to pay be drive so while they leave i have to stay and work the whole time. Is this right.