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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118613
Experience:  20+ Years of Employment Law Experience
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I was required to travel to training for work outside my

Customer Question

I was required to travel to training for work outside my regular work hours of 9am - 4:30pm. I was told I could get paid mileage or the*****time but not both, is this correct
Submitted: 2 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 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.
There is no law under the Fair Labor Standards Act requiring compensation for mileage. The law says that for travel outside of work hours, if the employee is driving (not passenger or on common carrier) then the employer must pay those hours as time doing work of the employer. The employee can accept mileage in lieu of the hourly rate if the employer offers mileage. However, there is no legal requirement that the employer pay both mileage and hours for drive time.
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Customer: replied 2 months ago.
Does this mean that if the employer has a written policy to pay employees for mileage when driving for work, the employer is not obligated to pay both the hourly wage and mileage reimbursement?
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
Yes, as long as the mileage rate equals at least minimum wage, the employer can do that if the travel is outside normal working hours.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.