What are my rights to reimbursement for mileage?
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What are my rights to reimbursement for mileage?
I’m not sure I even have a basis for complaint. I am paid mileage on my job. I did not receive a current auto
insurance card from my insurance agency and the one my employer had on file expired on 05/30. This week
I turned in a current card that expires in 6 months. My paycheck for 5/16-5/31 did not include mileage
reimbursement and I am told that I will be paid next payday. Is this legal? I would understand not being paid mileage
for 05/31, but am I not entitled to be paid up to and including the 30th?
Asked on June 10, 2017 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If you have a written employment contract for a definite period (e.g. a one-year contract) which is still in effect and it guarantees you mileage reimbursement, they have to pay in accordance with the terms of the contract. If the contract does not by its terms allow them to not reimburse while they don't have a current insurance card on file, they would have to pay you.
If you don't have a written contract however, when--and even whether--to reimburse you is up to the employer's discretion, so they could choose to not pay you for this period. Mileage reimbursement is not required by law, but is voluntary on the employer's part except when there is a contract.
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