Legal Question in Employment Law in California
Mileage reimbursement
My employer is only paying me .33 cents a mile instead of the rate set by the IRS. Are they supposed to pay me the whole amount or do I claim the difference on my taxes at the end of the year. When I took this position 7 months ago I was told I would get a company car and gas card instead they have had me driving my own car.(I am the only one! Everyone else has a car and gas card!!!!)
1 Answer from Attorneys
Re: Mileage reimbursement
You are entitled to reimbursement of all costs of operating your vehicle for the employer. - The State Labor commissioner accepts the IRS amount as full payment of all costs. You can claim the actual costs on your tax return and show the employer reimbursement, but the employer is still obligated to pay your actual costs.
As to being the only employee without a company car, more facts are necessary to determine whether a claim exists.
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