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Question about Milage pay in WI Wisconsin

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  • Question about Milage pay in WI Wisconsin

    Traveled to a different city per request of company owner for a week. Is that owner liable to pay for milage? According to him he does not have to pay it. I am in a hotel for the week and am a non-exempt (hourly) employee. If he does have to pay it, how much should I expect/request?

  • #2
    That is correct. California is the only state (except, perhaps, Maine) where the employer is required by law to cover the business-related expenses personally incurred by employees.

    Kind of tacky, but not required by law. How much further from home are we talking about (compared to your regular commute)?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      If Maine has such a law, it's the first I've heard of it.
      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
        Originally posted by cbg View Post
        If Maine has such a law, it's the first I've heard of it.

        I thought I remembered reading about such a bill somewhere, months ago. ScottB would know if it ever came about.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Originally posted by Pattymd View Post
          That is correct. California is the only state (except, perhaps, Maine) where the employer is required by law to cover the business-related expenses personally incurred by employees.

          Kind of tacky, but not required by law. How much further from home are we talking about (compared to your regular commute)?
          It's 2 hours away from home. It seems I could have sworn it was like $.48/mile or something like that since travel isn't part of my original job.

          Also this is the second time traveling to the same location and now he is not paying it.
          Last edited by cremz; 04-24-2007, 12:08 PM. Reason: more info

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          • #6
            You're talking about the rate that the IRS will accept as non-taxable IF mileage is offered. But neither state nor Federal law REQUIRES that mileage be offered.
            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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            • #7
              Originally posted by cbg View Post
              You're talking about the rate that the IRS will accept as non-taxable IF mileage is offered. But neither state nor Federal law REQUIRES that mileage be offered.
              That's kinda crappy... thanks though for the quick response...

              If I were then to refuse further travel due to the lack of compensation, am I in any way endangering my job?

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              • #8
                You could be. I have no way of knowing what your employer will do.

                But there is no law that gives you the right to refuse travel without penalty, regardless of whether you receive mileage or not. If you are fired for refusing travel, it will be a legal termination.
                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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                • #9
                  Another angle...

                  If in the company policy and procedures it is stated that he will pay milage, is he then liable. Also, on another occasion with a different employee he has paid milage to the same place from the same store. Does this change or give me another way to get milage?

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                  • #10
                    Company policies/procedures very seldom rise to the level of an enforceable contractual obligation. In any case, even if it did, it would be a breach of contract, not a violation of wage and hour laws.
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                    • #11
                      Bottom line; unless you have a bona fide, enforceable contract that guarantees you mileage, the law is not going to force your employer to pay it, no matter how many permutations you come up with.

                      I'm not saying it's fair. I'm not saying I agree with your employer. But I don't write the laws, and the laws in this instance (or rather the lack of laws) support your employer, not you.
                      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.

                      Comment

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