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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4868
Experience:  Extensive experience representing employees and management
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Employer reimburse mileage expense

Resolved Question:

Must an employer reimburse mileage expense for a work related trip? If my restaurant employer tells me I must drive to the bank to drop off a cash deposit on my way home, don't I get reimbursed? Does it matter if I am exempt or non-exempt?  Hourly or Salary? Does it matter what state I work in (CA, UT, AZ, NE, MO, IL)? Thanks.

Submitted: 10 months ago.
Category: California Employment Law
Expert:  Joseph replied 10 months ago.
Hello and welcome to JustAnswer

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.


I need a bit more information from you before I can proceed to provide you with a complete and thorough answer to your question.


I can only answer your question in regards XXXXX XXXXX law, since this is the California Employment Law category. Unfortunately, you would need to ask the questions regarding other states in a different category.

Are you located in California? And would it be okay with you if I just answer in regards XXXXX XXXXX law?
Customer: replied 10 months ago.

I am currently working in California. I would be happy to have an answer to just CA if it also included notations about any differences that may exist between Federal law and CA law. Thank you.

Expert:  Joseph replied 10 months ago.
Hello Robert. Okay, I'll look into federal law on that too and get back to you.
Expert:  Joseph replied 10 months ago.
Hello Robert,

Under California Employment Code Section 2802, an employee must indemnify an employee for all expenses incurred in the course of employment. This includes mileage reimbursement for any driving that is in furtherance of the employee’s interests. Going to the bank would constitute such a situation, so you are absolutely entitled to reimbursement.

There is a large distinction between federal and state law on this issue. The Fair Labor Standards Act and other federal law does not contain any provision regarding the reimbursement of expenses incurred during the course of business, so this is a state by state law issue. The regular rate for mileage, however, is provided by the IRS for the employee to use in deducting mileage that is not reimbursed by the employer.

http://www.irs.gov/uac/2013-Standard-Mileage-Rates-Up-1-Cent-per-Mile-for-Business,-Medical-and-Moving

I hope the above information is helpful.

Please let me know if you have any clarifying questions as I want to ensure that you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get paid for my work. (It is necessary for you to rate my answer even though you’ve made a deposit or are a subscriber. I only receive compensation for my work if you rate me positively). Otherwise, I receive nothing for assisting you.

Thanks and best of luck!
Joseph, Lawyer
Satisfied Customers: 4868
Experience: Extensive experience representing employees and management
Joseph and 2 other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 10 months ago.

Also, it makes no difference whether the employee is exempt or non-exempt, hourly or salaried.

 

You would be entitled to reimbursement for the mileage spent going to the bank under California Labor Code Section 2802.

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