What is the law regarding using your own vehicle for work?

I work for a small cleaning company. There are 2 of us that work. We are required to drive our own cars from house to house. My boss does not pay mileage and says we can’t claim it on our taxes because she claims it on her taxes. Is this legal?

Asked on September 21, 2017 under Employment Labor Law, Kansas

Answers:

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

Answered 3 years ago | Contributor

Unless there is a union agreement or employment contract that states otherwise, a business can mandate that a worker use their own vehicle for work. The fact is that most employment is "at will" which means that a company can set the conditions of work much as it sees fit (absent some form of legally actionable discrimination). This also means that an employeer need not pay mileagle. That having been said, the employees can deduct such mileage on their taxes; such a deduction does not go to the employer.


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