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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18808
Experience:  Employment/Labor Law Litigation
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I work for a house cleaning company that requires me to

Customer Question

I work for a house cleaning company that requires me to drive my personal vehicle from home to home and does not reimburse me for time, mileage, wear and tear on vehicle, and I asked about this 8 months ago and was told they'd "look into it". When I asked again last week at an employee meeting, as well as whose insurance would cover me if in an accident driving from home to home, I was told the same thing, "we'll look into it. They provide the manager with a vehicle, gas card, and any and all maintenance on the vehicle. Since asking about this issue again last week , my hours were cut by over 50%, and when I complained aboutthat I was taken off the schedule. Do I have any recourse?
JA: Not for this question, but they might if you need additional services. You'll have to ask the Employment Lawyer about that. Because employment law varies from place to place, can you tell me what state this is in?
Customer: Florida
JA: Have you talked to a lawyer yet?
Customer: no, I am researching to see if I have cause
JA: Anything else you think the lawyer should know?
Customer: they told me they took me off schedule because I had a bad attitude when I complained about my hrs being dropped to just 7 a week. Next text (all done by text) they said they covered those hours too because of my "bad attitude". Just the prior week they had told me what a great employee I was and an asset to the company
Submitted: 3 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 3 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Unfortunately, you are in about the worst state for this to happen in. Florida has a very poorly functioning Department of Labor and, most often, people have to file a personal suit in order to get any relief.

That being said, you are partially correct in your request concerning pay and the employer has retaliated against you for making the request, which is also a legal violation. Just to clear up exactly what the issue is, if you are driving from workplace to workplace, that drive time is compensable time once your workday starts.

However, you have no legal right to mileage or gas money. The fact that they pay that to a manager is not legally relevant. You have the right to keep track of mileage and deduct that from your taxes at the end of the year as an expense related to work, and because of that, an employer is not legally obligated to pay mileage or wear and tear on your vehicle.

But again, you do have right to be paid for your time in the car, driving from one work location to another. You need to find a local attorney though to sue for unpaid wages and retaliation based on your having made a complaint concerning a Fair Labor Standards Act issue. You might first call the Florida Department of Labor to see if they will help because there is retaliation involved. Normally, they do not address wage claims, but the added retaliation might make them want to help. You can also call the Federal Department of Labor, at their Florida office, to see if this is something they'd help with.

Otherwise, you'd be stuck using local counsel with your own funds.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 3 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.