Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Can my employer make me travel without reimbursing? Texas

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Can my employer make me travel without reimbursing? Texas

    My boss is making me travel out of state. I have to pay airfare, hotel, meals, etc, and he will not reimburse the expenses. I work for a small family business. What are my options? (Besides refusing to go on the trip and getting fired.)

  • #2
    There are exactly two states (CA and sort of MA) that consider expense reimbursement to be a function of labor law. All other states including TX do not consider there to be a labor law right for an employee to have expenses reimbursed.

    Now having said that, there is a possibility that is you filed a small claims court action that you would win. Not all law is labor law. If (hypothetically) we were neighbors and I lent you money because you had an emergency, and you later failed to pay me back, I could still take you to small claims court despite the absence of any labor law authority. Your position with your employer would be no worse then what I just mentioned. Of course, your employer could also then turn around and maybe fire you for talking them to court.

    Sometimes the best solution to a bad employer is to change employers.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

    Comment


    • #3
      I believe also that the cost of the trips can't cut into the MW and OT of any given week, under FLSA.

      Comment


      • #4
        http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.39.htm
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment


        • #5
          Originally posted by TheRed View Post
          I believe also that the cost of the trips can't cut into the MW and OT of any given week, under FLSA.
          Not questioning you necessarily, but under what regulation? That provision, to my understanding, only applies to deductions from pay for the benefit of the employer.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

          Comment


          • #6
            OP, what is your position and how do you get paid? For instance, are you a commissioned salesperson and do you make sales and get commissions as a result of the business trips? Is the travel for training or seminars that ed up increasing your income?

            I'm curious about your employer's justification for not paying for the travel.

            Comment


            • #7
              Originally posted by las365 View Post
              I'm curious about your employer's justification for not paying for the travel.
              Cheap?
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

              Comment


              • #8
                Originally posted by Pattymd View Post
                Not questioning you necessarily, but under what regulation? That provision, to my understanding, only applies to deductions from pay for the benefit of the employer.
                Question me all you like.

                29 CFR ยง531.35 among others. It's "constructive deducting" For example, if a employer made a cashier pay for a drawer shortage out of pocket, and it cut into the min wage, the employer would still be in violation even though there wasn't a literal deduction from the paycheck.

                Additionally, fact sheet 16 doesn't specify "deductions from a paycheck."


                An interesting continuation is with ballon payments occuring after termination. This is the ever popular repaying employee loans or training after term. Are all the payments considered occuring in the final week, or can they spread out for purposes of FLSA?

                Comment


                • #9
                  Originally posted by Pattymd View Post
                  Cheap?
                  Indubitably. Heh.

                  Comment

                  The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                  Working...
                  X