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detours and delivery driver pay Florida

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  • #16
    Originally posted by Pattymd View Post
    And, gregster, that cite regarding auto expenses is only addressing how to calculate mileage to determine if the minimum wage requirement has been met. It does not mean that mileage must be paid unconditionally.
    It must be paid in minimum wage situations. Many people are unaware of that.

    I have yet to find a lawsuit that confirms this though. Anyone know of one? Specifically, I am looking for a case where a tipped employee was underpaid mileage reimbursement which caused a minimum wage violation.

    The DOL field handbook states the IRS standard mileage "may be used in lieu of actual costs", but nearly all of the big 3 pizza chains pay far less than the standard rate (currently 55 cents per mile) and pay minimum wage or less. How can there be such widespread underpayment of mileage but I can find no cases or claims about it? What am I missing? Does the DOL refuse to enforce the standard rate in minimum wage situations when ‘actual costs’ are not documented?
    "I'm just a pizza driver"
    Learn more about Pizza Driver issues at the: Pizza Delivery Drivers Forum


    • #17
      What you are missing is that your assessment of the situation is wrong.
      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.


      • #18
        Could you elaborate on that? Is the DOL field handbook wrong?

        If that is not the case, then please tell me which part of my assessment is wrong.

        Put more simply, what IS the required rate of mileage reimbursement required by the DOL in minimum wage situations when the 'actual cost' method is not used?
        "I'm just a pizza driver"
        Learn more about Pizza Driver issues at the: Pizza Delivery Drivers Forum


        • #19
          The cite you provided said "may be used".

          But again, this thread is over 6 months old. The OP has NOT been back for futher advice.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


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