Can an employer make me pay my own gas regarding business mileage?

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Can an employer make me pay my own gas regarding business mileage?

I received an employment contract to sign. The job is one that requires extensive driving in a “market” area to numerous locations. The employment contract states a weekly “compensation” amount of money for the work. In another document I also received called “guidelines” there is a statement that says, “mileage within a market is not reimbursable outside of the labor rate for a distance of 75 miles from the central location of the market”. Mileage for trips outside of the 75 mile perimeter will be reimbursed above the 75 mile area”.

Asked on October 18, 2011 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There is no law requiring an employer to reimburse an employee for mileage for business trips or travel of any kind. A company is free to not offer any reimbursement, or to set any terms and conditions it wants about when and to what extent it will reimburse this, or indeed any other, cost. So it can decide to reimburse you only for mileage exceeding 75 miles from the central location of the market. If the job is not worth it economically to you because of a lack of reimbursement, your only recourse, unfortunately, is to look for a different job. Note that the cost of the gasoline and/or some allowance for mileage may at least be deductible as a business expense--this is an issue worth discussing with your accountant or tax preparer.


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