Are my employers liable for reimbursement regarding travel to and from work if they provide it for other employees?

UPDATED: Sep 30, 2022

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Are my employers liable for reimbursement regarding travel to and from work if they provide it for other employees?

I am considered as a non-exempt employee. Other corporate employees have had reimbursement/expense accounts; I receive neither. They say it is not provided unless your management level but I have several instances where I was asked to work outside of my normal job responsibilities up to 30 miles away from my home under the agreement that a gas card would be provided for me helping out in emergency situations. I was promised this card by more than one corporate manager but nothing to this day has came. This has happened on more than one occasion. If some employees receive reimbursement but I do not, is this workplace discrimination? What my legal options for compensation?

Asked on August 21, 2016 under Employment Labor Law, Florida


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

Answered 6 years ago | Contributor

The fact is that travel expenses are not required to be paid by an employer, however a company may still pay for them if it chooses to do so. Further, not all employees need be reimbursed; it is completely legal if only some of them get these expenses paid. The fact is that not all workers need be treated the same or even fairly. Differing treatment in the workplace is legal so long as it is not based on an employee's race, religion, age (over 40), disability, national origin, gender and the like. Accordingly, unless not having your travel expenses reimbursed violates the terms of a union/collective bargaining agreement or employment contract, it is perfectly permissible under the law.

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.

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