Is an outside salesperson required to be reimbursed for mileage to an office once per week?

We have an outside sales person who lives 60 miles from our office and normally works from home. We do require her to visit the office twice per month for meetings. While we pay her mileage when she is out seeing customers, do we need to also pay her mileage to and from the office when she comes?

Asked on March 23, 2017 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Does this worker have an employment contract or other written agreement that provides that they receive mileage reimbursement? If not, then you can set the conditions of the workplace much as you sees fit. This includes when and whether to provide mileage reimbursement to all or any employees (absent some form of legally actionable discrimination).

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, there is no legal obligation to pay for/reimburse an employee's mileage (or an independent contractor's/freelancer's, for that matter) mileage unless there is a written contract requiring reimbursement, etc. Otherwise, it is purely voluntary on your part whether, when, and how much to pay for mileage.


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