Can an employer withhold a mileage payment for not completing a task on time?

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Can an employer withhold a mileage payment for not completing a task on time?

For example If expenses are not submitted by the deadline, they would
withhold mileage until completed.

Asked on August 17, 2016 under Employment Labor Law, Texas

Answers:

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

Answered 4 years ago | Contributor

The fact is that an employer is not legally obligated to reimburse an employee for mileage expenses. Therefore, since such payments are discretionary, a company can set the terms of reimbursemnt much a it sees fit. This includes witholding them if work related tasks are not completed in a timely manner. That is, so long as milegage reimbursemnts are not mandated pursuant to the terms of an employment contract or union agreement or so long as such action does not in some way constitute legally actionable discrimination.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If that is their policy, yes: the law does not require reimbursement of such expenses at all (that is, it would be perfectly legal for the employer to require employees to bear their own expenses) and, if an employer chooses to reimburse for expenses, it is free to set whatever policy in that regard that it chooses.


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