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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111468
Experience:  20+ Years of Employment Law Experience
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I get called our from work have to spend my own fuel money

Customer Question

I get called our from work have to spend my own fuel money to do a call which I make 14.38 and it takes about 7 dollars to do a call out.maintained at an apartment complex. Then they say you have to take equal time off on Friday so you don't get overtime. Equal time . You work 2 hours on a call go out again later and 1 hour Friday you have take off 3 hours early and you take a loss on fuel.
Submitted: 3 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Compensatory time is generally prohibited by the US Department of Labor under the Fair Labor Standards Act, so if you have to take comp time and not get paid overtime for going out on call, this is a complaint you need to file with the US Department of Labor Wage and Hour Division for them to investigate. An employer other than a government employer cannot give comp time, they must pay off the employee for what they worked.
As far as fuel, this is a cost of employment and it is something you can deduct from your taxes by taking the federal mileage credit off of your taxes which is 54 cents a mile for each mile you drive for work.

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