Hello and thanks for choosing Just Answer®:
I am a licensed attorney and will do my best to provide you an honest and accurate answer to your important legal question.
My goal is to make your experience here highly satisfactory. Toward that end, please keep a few details in mind during our interaction:
1. When you receive my answer, please kindly click the ACCEPT button. This is the case regardless of whether you are paying for just one question or are using any type of subscription plan or promotional offer. Doing so does not terminate our dialog. I will gladly continue our discussion, without additional charge, if needed. I receive no wages or salary for my time.
2. I am a lousy mind reader. If you do not supply information to me, I do not know it. Please, give me the needed details to work with so I can provide you with the best possible service. Also, if you use the RELIST or BLOCK features, our discussion ends and I may no longer be able to assist. Please, just write back to me, directly, and talk to me.
3. Also, while I make every effort to work in a timely fashion, answering legal questions is not an instantaneous process. I am required to conduct research, interact with multiple customers simultaneously and sometimes take a break. Also, there may be times when I have to sign off for the night or to attend to other obligations. Rest assured, however, I will get back to you.
4. If you have a new legal question, the terms of this site ask that you post it in a separate thread. In other words, please be fair and reasonable. You can direct any future questions to my attention. Just go to my Profile Page, type in the text box "ask Your Question", click the hyperlink that says "15 minutes", and use the drop down menu to select 12 hours.
5. Please remember that many times even attorneys disagree with the law. But, we cannot change it. The answer I give you is based on my years of legal education and professional practice. It may well not be what you were hoping to hear. I will be upfront and direct. I will not mislead you, misstate the law to suit your hopes, or agree just to meet your expectations.
6. If you answer an Information Request and I start working on formulating your answer, it does take some time to draft a quality response. In the meantime, you may receive a message indicating that I am "offline" or "unavailable". This is not the case. These messages are generated automatically without my knowledge or input.
7. Lastly, please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated. Information provided is informational and not legal advice. I am not your attorney. No attorney-client relationship exists between us. Consult legal counsel in your jurisdiction.
QUESTION: "Is there a federal mandate for mileage reimbursement or does state law govern this? My Ca. employer reimburses at a rate lower than IRS recommended is that allowed?"
ANSWER: In terms of mandate, this body of jurisprudence involves an interplay of both state and federal law. That is the basic answer to your first question. However, concerning your second question, the answer is "no". In fact, there is a specific statute, namely California Labor Code § 2802, governing reimbursement of such expenses. Unfortunately, this is an area of frequent abuse on the part of employers. So, while there is no "state rate" per se, the California Department of Labor Standards Enforcement does indeed use the Internal Revenue Service mileage reimbursement rates for guidance. Accordingly, you should not hesitate to share your concerns with this agency should your employer refuse to do the right thing.
I truly hope all works out for you. I know this is a lot to take in, so please do not hesitate to write back. After you select "Accept", our conversation need not end. I would be happy to continue our dialog, without further charge, until you are fully satisfied. I promise to check back periodically for any updated posts from you each time I return to this online venue.
Take care and thanks again for choosing JustAnswer®!
Thanks for writing back -- good to hear from you.
You are quite welcome-- my pleasure to be of service.
I will be glad to comment further -- please see below.
I have answered your question on the honor system, so I respectfully XXXXX XXXXX you click "Accept" Many thanks in advance!
I can absolutely understand your confusion. There is a ton of misinformation floating around cyberspace. Perfectly competent lawyers can differ, as well. However, as one who has rather thoroughly studied the policy documents promulgated by the agency and building upon the relevant statutory and regulatory authority), as well as the interpretative case law, I stand by my original answer. Based upon your description, you indeed have ample grounds for filing a complaint seeking financial compensation should you choose to do so.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).