How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Educator, Esq. Your Own Question

Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 92809
Experience:  20+ Years of Employment Law Experience
10285032
Type Your Employment Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

My companys mileage reimbursement policy is causing a lot

Resolved Question:

My company's mileage reimbursement policy is causing a lot of heartburn. 90% of our employees are engineers that are "in the field" at client sites all day. They rarely visit the office. Our current policy is that we reimburse your miles driven in a day, less the standard round trip commute from your home to your local office. We have some people making a killing because they live 1 mile from the office and essentially get reimbursed for every mile driven. We have other employees getting seriously punished because they live 75 miles from the office, so essentially none of their miles driven is reimbursable. IRS guidance on this topic doesn't seem to address the situation of employees who are driving almost all day every day, so it is hard to get guidance. I know you can't reimburse them for a standard commute. Someone has suggested applying the transient employee policy, but I don't think it relates, as we DO have local offices near almost every employee. Help?
Submitted: 5 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 5 years ago.
There is nothing wrong with this policy and actually it is a common one used by many companies and is legitimate even under the Fair Labor Standards Rules on travel time reimbursement. Even if you were not to pay mileage, but working time for employees travelling, the FLSA says travel from home to office is NOT compensible, thus you would be liable to pay only for travel from office out. The same thing applies to paying mileage, you only pay mileage from the office to the job site, not from their home to the job site.

Thus, you are not wrong in paying mileage by deducting their round trip mileage to and from the office, since you could actually force them to report to the office each day and then go out to work and report back at the end of the day and the mileage to work and home from work would not be compensible as reimbursement or working hours.


I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=10285032&FID=39 or beginning your question with “For PaulMJD…”

Customer: replied 5 years ago.
The issue is that management doesn't want to punish the people that live far away, as it is causing employee satisfaction and retention problems. They would actually like to offer a different policy that is more equitable.

Are you familiar with any other accepable policies that reimburse employees any different ways? For example, I have heard of employers reimbursing employees from the office to their first appointment, even if they didn't go to the office first.

In that scenario, even if I don't go to the office in the morning, I would expense my mileage from office to first appointment, first appointment to second appointment, and then 2nd appointment back to the office, even if don't return to the office.

Thoughts? Alternatives?
Expert:  Law Educator, Esq. replied 5 years ago.
They are not really punishing these employees, the fact is that mileage is not compensible to and from home to office under the "portal to portal" rule. These are the laws set up. If you do it differently, then you are punishing those who live close to the office (creating a new set of hard feelings).

As I said, the employer can run mileage from the office to the first job site for all employees and then mileage to other sites from that and that would be an acceptable method.

Of course, the employer really doesn't have to pay any mileage under the law and could just pay the employee for all the hours worked from the time the arrive at their first job site until they end their last job site and tell the employees to just claim mileage on their own tax returns (that is completely acceptable under the law and to the IRS).

Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 92809
Experience: 20+ Years of Employment Law Experience
Law Educator, Esq. and 8 other Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.
 
 
 
Chat Now With An Employment Lawyer
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
13022 Satisfied Customers
20+ Years of Employment Law Experience