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

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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

Answers:

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

Answered 5 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.


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