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Mileage reimbursement to/from home - California

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  • Mileage reimbursement to/from home - California

    Question--my company is finally in the process of reimbursing me for my mileage after I left two months ago. But they have informed me that although they will be paying the mileage to/from my place of employment to job sites, they will not reimburse me to/from home on those same days that I have to travel to job sites, as they have in the past.

    I have not put in for reimbursement to/from home to the company when I wasn't also traveling elsewhere on behalf of the company as well, of course, but am I correct in thinking the company should be paying for the to/from home when I am required to use my personal vehicle to travel to other venues on the same day? Otherwise, how would I have gotten there? I've never worked for a company that refused to do this before, and honestly feel like they are doing this out of retaliation since they have paid it out before. (there have been other issues with them in my leaving as well.)

    Thanks . . . .

  • #2
    To my knowledge, there is no CA requirement that "normal" commuting mileage be reimbursed. The following is the only source I am aware of that even discusses the possibility and this letter focused on travel time, not mileage. But an argument could be made (possibly sucessful) that if travel time is due, that in CA travel expense is also due.

    The elephants in the room is the federal Portal-to-Portal act that specifically says that normal commutes are not hours worked under federal law, and the complete absence of any federal rules on mileage reimbursement. That means you would have to argue CA law only (CLC 2802) plus any support from CA-DLSE. And like I said, CA-DLSE thus far apparently has never said that normal commutes are either hours worked or subject to expense reimburement.

    You could always try filing a wage claim with CA-DLSE. It works or it does not. And at that the end of the day, CA-DLSE has the only opinion that means anything.

    http://www.dir.ca.gov/dlse/opinions/2003-04-22.pdf
    Last edited by DAW; 08-20-2008, 11:47 AM.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Hi DAW, thanks for the response, and for posting the letter.

      From page 3, second to last paragraph, I could also have an argument in that I did have to transport numerous files, bulky items, and equipment in the course of driving for work.

      I appreciate the feedback. This forum is so helpful!

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      • #4
        California Labor Attorney

        There is new case law in this area. Let me see if I can locate and post.
        Walter

        www.California-Labor-Law-Attorney.com
        "Wage and Hour Class Action Attorneys"

        Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

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