Good afternoon Allyn,
I have to say that at first blush I have to say that the travel expense reimbursement proposed by the company doesn't come close to what is required under CA law.
They don;t get use us biased IRS numbers and guesstimates based on an average car. Labor Code, section 2802, subdivision (a) specifically holds: “An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee
in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying the directions, believed them to be unlawful.”
Essentially, that means that you will be entitled to provide your actual costs associated with your vehicle and demand they pay your actual out of pocket expenses----not some pie in the sky manipulated figure they happen to like.
If they insist on this reimbursement rate, and you can show that you expend more---then they are violating the law---and you may file a complaint with the local office of the CA Department of Labor. Additionally, as mandatory reimbursements are considered wages under CA law, you may sue directly.
You may actually sue the employer in court and recover your wages/commissions. Additionally, if you sue in court, under federal laws (FLSA), you are also entitled to seek what is called Liquidated damages. Liquidated damages is equal to the amount of back wages that they owe you and must be paid in addition to the wages themselves---so you essentially get double the wages owed you in the claim based on their willful failure to pay you. http://labor-employment-law.lawyers.com/wage-and-hour-law/Liquidated-Damages-and-FLSA-Claims.html
Here is an excellent article which deals with pursuing an FLSA claim---which you may do in either state court or federal court. Do take the time to review it:
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