Legal Question in Employment Law in California

travel pay and costs

I thought there was a law in CA where should the employee incur any expenses on behalf of the employer at all, the employer was obligated to repay them. Would this include gas and wear and tear on the employees vehicle if the employer does not pay mileage rather he has what he calls transition units. These are paid in 15min increments after 30minutes of driving at 1/4th hourly wage and are in addition to regular wage,and not taxable on check. Employee routinely drives more than 50 miles p/day to different locations to do the work required by employer, How is this not considered regular pay subject to overtime and reg labor laws when it is paid by the min. These ''transition units'' are all that is paid for use of employees vehicle. Could I submit my gas costs to him as expenses and still receive the transition unit pay for my driving time as I am still under his control whether it takes me 10 min or an hour to reach my place of work for that day. Then I am expected to work a full 8 hr shift or stay until the job is finished in addition to the sometimes 1to2 hour drive home. I would think he would have to reimburse actual costs for fuel or pay mileage and also pay travel time at regular hourly wage incl. any overtime do u 2?


Asked on 10/19/06, 5:27 am

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: travel pay and costs

Your question is a bit too complex to respond completely - but in short, the employer must reimburse you for all expenses incurred while in the employer's service. Milage should be reimbursed at the current IRS rate which is 44.5 cents per mile or actual costs. You are also entitled to compensation for all hours worked along with overtime where appropriate.

With some exceptions, you are only entitled to mileage reimbursement if the travel is not part of your commute.

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Answered on 10/27/06, 3:28 pm


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