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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.