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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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We are California base S-Corporation. The question I have is Can the employer pay less r

Resolved Question:

We are California base S-Corporation. The question I have is:
Can the employer pay less rate than the IRS on the mileage reimbursement? How low can it be? Our new manager told us that his previous employer paid 25 cents per mile toward reimbursement, though the IRS rate at the time was 50 cents.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Hello and welcome,

The law typically requires that employees be reimbursed for expenses incurred on behalf of the employer.

Employers are not required to utilize the IRS mileage rate for reimbursement but if a lower rate does not reimburse employees for their expenses incurred, it would be a violation of law normally.

A gas receipt method plus a flat amount is acceptable IF it covers the employees expenses typically. If the employee can show it does not reimburse them for expenses incurred, then the policy should be modified.

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Customer: replied 5 years ago.

One more question which was not answered on the previous post:

Are the employer required to pay overtime for a single day even the person work 3 days a week, less than 35 hours per week?

Those overtime incurred due to the traffic jam in Southern California. One employee turned in his time sheet, stated he only took 30 minutes break, but he worked 11 hours (included the traffic hours while he was on the freeway) per day. I told him he has to take TWO lunch break (which we have no way to monitor how long he took the break,while he is out in the field) if he works more than 10 hours.

Expert:  Tina replied 5 years ago.
Employees who work more than 8 hours in a day, are required to be paid overtime typically. Travel time may be paid at a lower rate though normally.

Here is a link with more information:

http://www.dir.ca.gov/dlse/faq_overtime.htm

You may discipline the employee if they do not adhere to your policy of taking two 30 minute breaks when they work more than 10 hours.



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