Legal Question in Employment Law in California

My husband uses his own truck for work. He is supposed to be reimbursed by mileage. I don't know what is happening but we are not getting paid back what we spend in gas. Are they not supposed to reimburse the acutal amount of the expense. I am paying to do work for them.


Asked on 2/06/13, 3:57 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

If he can prove there is a policy, or that the employer agreed, to pay mileage, and what the specific terms of the agreement were, then he can bring a legal claim in court, or at the Labor Commissioner. The in no requirement they pay any such costs, unless they agree to them. If this claim is for enough money to make it worth pursuing, feel free to contact me for legal help doing so.

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Answered on 2/07/13, 11:18 am
Raphael Katri Law Offices of Raphael A. Katri

If your husband is deemed an "employee" under California law, then he is likely entitled to reimbursement of all necessary expenditures he incurs in direct consequence of the discharge of his duties for the company. This would include reimbursement for the actual costs associated with using his own vehicle for work-related activities (e.g., gas, wear and tear, maintenance costs). While this is often reimbursed based on the IRS rate (currently 56.5 cents per mile depending on the type of duty), relatively recent case-law has provided guidance on alternative means of permissible reimbursement. As such, it is important that you speak with an experienced California employment lawyer to understand whether the mileage reimbursement policy of the company is in compliance with California law and/or whether your husband may be entitled to bring a claim for violation of California Labor Code Section 2802.

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Answered on 2/07/13, 6:12 pm


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