Legal Question in Employment Law in California

Mileage & travel reimbursement

We have a total of 8 store locations. Several employees are required to travel to all 8 locations as part of their job description. If they are using their own vehicle (not a company vechicle), what are we required, by law to pay them, mileage, ''hours worked'' during their drive time, or both? Some employees are salary, others are hourly.


Asked on 1/29/04, 5:14 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Mileage & travel reimbursement

You are dealing with dangerous issues here if you are not paying time and expenses. Salaried Exempt employees probably don't have to be paid anything but expenses, but everyone else may be entitled to both. With an operation this size, you need to be doing more than seeking free advice from almost anonymous sources. Find and employee an attorney to review your policies and manuals before you get into jeopardy. Contact me if interested.

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Answered on 2/05/04, 2:46 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Mileage & travel reimbursement

Doesn't matter whether hourly or salary, question is, are they exempt employees. If so, not typically pay extra for travel, however, can't deduct that time or reduce check for time lost in travel. If not exempt, many rules must be looked at, yes and yes. Pay for time and for mileage. If exempt, probably need to pay for mileage, depends on agreement/understanding.

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Answered on 2/04/04, 4:37 pm


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