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reimbursement of mileage between work sites

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  • reimbursement of mileage between work sites

    I am an amployee in California, working in a retail environment. I am assigned a "base store" which is my primary work location, located in San Diego, however I frequently travel in between 5 other locations in Southern CA.

    I do not question the amount being reimbursed but rather the methodology in accordance with the law, should I be reimbursed for my expenses for travel beyond my "base store".

    Should I reimbursed for working at any location other than my "base store", or only paid for mileage after deducting the mileage from my base store?

  • #2
    This question was addressed here: http://www.laborlawtalk.com/showthread.php?t=80024

    The discussion there focuses on pay for the travel time, but the same concept would cover the reimbursement of the expense. That is, for any time that is considered "work time," you need to be reimbursed for your travel expense.
    Michael Tracy
    Attorney
    http://www.laborlawradio.com

    Disclaimer: The above response is a general statement of the law and should not be relied upon as legal advice. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.

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    • #3
      CA mileage reimbursement, not time for travel

      My question is in regards to the reimbursement for the mileage, not the time...

      Can the employer place a cap on the reimbursement of the mileage?

      Is there a law which regulates how the mileage should be paid?

      As you know, the expectation is that the employee do what is necessary to get the job done... yet with a cap on the mileage it may set a limit on our ability to service the various locations...

      Comment


      • #4
        As I stated, the law says that you must be reimbursed for your travel expenses. For most driving, the employer reimburses you at the IRS established rate. Currently, this is 44.5 cents per mile. The employer can pay less than this if it can be shown that it is "reasonable." It can pay you more than this, but the additional amount will be taxed as income.

        The employer can set any caps on the number of miles that you drive, however, any miles actually driven in the scope of employment must be paid for. Thus, your employer can set a 200 mile a week limit on your driving. If you drive 300 miles in a week, the employer must still pay for it. Of course, the employer can discipline you for this and fire you, but you must be paid if you drive the miles for work and the employer could reasonably expect you to drive them. If you drive 5000 miles in one week, it is not likely that the employer would have to pay for them as it is not reasonable to expect that you drive this much.
        Michael Tracy
        Attorney
        http://www.laborlawradio.com

        Disclaimer: The above response is a general statement of the law and should not be relied upon as legal advice. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.

        Comment


        • #5
          last question on mileage...

          I am responsible for 6 locations. My main location or "base center" is in San Diego.

          Of the other 5 locations, only 1 is closer to where I live. I only charge for the mileage after I deduct the mileage from my base center. Is this the correct way to do this?

          For example, my base center is 23 miles from my home, if I drive 100 miles in between the other centers in one day. I subtract 46 miles, and claim 54 miles for reimbursement...

          At my previous employer, they reimbursed for any mileage that was outside your base location. Regardless of the distance from your home, so it meant a few extra bucks.

          Is there a law that specifies how the mileage should be reimbursed? I could not find any.

          Thanks and have a great day!

          Comment


          • #6
            Question: Driving to a different location

            OK I was injured at work. I was put on light duty, by my workmens comp doctor. My work does not offer light duty at my current site. So my work is forcing me to drive to a clinic run by my work for my 8hr shift. The difference from my work to the clinic is a extra 40 miles of driving for me. My work says that payed mileage does not apply here. Is this true?

            P.S. im in So Calif.
            sleepwalker
            Junior Member
            Last edited by sleepwalker; 10-31-2007, 07:07 AM.

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            • #7
              This is complicated and I am not sure that a hard answer exists. Your basic issue was discussed at length in the following thread.

              http://laborlawtalk.com/showthread.p...hlight=commute
              DAW
              Senior Member
              Last edited by DAW; 10-31-2007, 07:17 AM.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

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