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Reimbursement of Expenses

What is reimbursement of expenses?

Reimbursement is when an individual has paid for a certain expense out of their own pocket, and the individual is reimbursed by either their place of employment or a certain company. There are many different types of reimbursement an individual can receive. A reimbursement can be classified as day care, transportation and medical. Many questions about the different types of reimbursement and the reimbursement laws are answered by the Experts like the ones answered below.

Can a employer refuse to reimburse an employee for expenses incurred during travel for work related issues if there is a delay on the submission of the claim in the state of California?

The employer cannot refuse to reimburse and employee for expenses he/she is out in regards to work related travel. According to the California Labor Code 2802 "an employee can't waive his/her right to be reimbursed for or be liable for the cost of doing business." The employee can't waive this right therefore the employer has a duty to reimburse him/her. If the employer refuses to reimburse the employee then they can file a claim with the California Department of Industrial Relations located at the following link. http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

If an employer reimburses an employee for moving expenses and claims part of the reimbursements as income and part as non-income, can a employer claim all the expenses as taxable?

In some cases moving expenses can be taxable and some are not. Here is a provided link that can go into full detail on while type of moving expenses can be taxable by individuals. http://www.irs.gov/publications/p521/ar02.html#en_US_2010_publink1000203511

If an employee works in Arizona and works in Indiana but does not get reimbursed for their travel expenses when all other employees do, can the employee file a complaint against the company if this is due to retaliation for being on Family Medical Leave Act (FMLA)?

The employee who is not getting reimbursed may have a couple of legal actions against the employer. The first one being retaliation for the FMLA leave and the second one being the non-reimbursement for travel expenses when the rest of the employees receive reimbursement for their travel expenses. If the employer has a contact stating they will reimburse the employees for travel expenses then they may be able to sue for breach of contract.

Does an employee working for a company that does not pay mileage reimbursement for mileage driven from the home to the job site have any rights to seek legal action against the employer?

There is no law saying that an employer has to pay mileage reimbursement for mileage driven from the home to the job site. There are some companies that do pay mileage reimbursement when the employee drives from the office to the job site. If an employer pays the employee an hourly wage then they don’t have to pay mileage reimbursement if they choose not to. The employee however, may claim the mileage reimbursement on their taxes at the end of the year.

In the state of California, is there any law or policy in place that explains what are reasonable time frame for a employer to reimburse and employee for expenses?

In most cases, expenses need to be reimbursed in a reasonable time. If an employee has not received reimbursement within two paychecks then he/she may need to contact human resources and find the cause for the delay. If that step does not work then the employee may need to contact the California Labor Board and file a complaint against the employer.

Sometimes an employee finds themselves face with refusal to from the employer to pay those expenses back; the employee seeks to be repaid for those expenses. Getting reimbursement, mileage reimbursement, reimbursement of expenses or reimbursement of travel expenses and the laws that surround them may be hard for the employee to do. This may leave the employee confused and lost as to where their rights stand and how to proceed to get what is owed to them. The Experts are a fast affordable way to find answers in these types of situations that often cause questions.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
4 Employment Lawyers are Online Now

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  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

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