Legal Question in Employment Law in California

Compensation for use of personal vehicle

As a business owner in the construction field am I required by law to compensate an employee any more than IRS standard of .37 per mile for employee to use their vehicle to transport their tools and materials to and from a job-site? I am not a union shop and do not fall under prevailing wage standards.


Asked on 4/21/04, 11:16 pm

2 Answers from Attorneys

JEB Pickett Wynne Law Firm

Re: Compensation for use of personal vehicle

Complex question as different scenarios will yield different results.

If the employee is simply driving him/herself from their home to the jobsite with their tools, no mileage is owed as this is personal commute miles.

If the employee drives first to an office and then a job site, the office to job site mileage is compensable if they are first required to drive to the office, but home to office miles are again personal commute miles.

If an employee is ordered to drive from home to a lumberyard and then the jobsite, mileage would be owed.

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Answered on 4/22/04, 3:50 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Compensation for use of personal vehicle

Answer is based on what his/her driving is for. If drive to work, no comp necessary. If drive to work and then to job site or required location for company, comp for mileage probably required. If simply drives from home to job site, no comp necessary. Call to discuss and/or more info available for us to discuss.

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Answered on 4/22/04, 4:46 pm


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