Do staes require employers to reimburse employees for mileage?

UPDATED: Oct 1, 2022

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Do staes require employers to reimburse employees for mileage?

I am being told by our HR department that it is not mandatory in CA but am reading at different information online. I need clarification.

Asked on June 15, 2018 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

California is very unusual in that it does require mileage reimbursement under Section 2802 of the CA labor code--the vast majority of states make reimbursement voluntary for employers. However, only driving *for* work, not *to* work is reimburseable. To oversimply what can be be very complex and technical: commuting to/from your office, store, or 1st worksite in the morning/last worksite in the afternoon (assuming you go directly to/from home to/from a work location) is not reimburseable. Travel during during the day, such as if you go to the office, then from there drive to a client's office, then back to your office before commuting home at the end of the day, is something you should be reimbursed for.  So, getting to work and back home is not reimburseable, but driving required by the job between the to-work and to-home commutes is. The most common ways to reimburse is either at the IRS mileage rate ($0.57/mile) or for actual provable costs (e.g. you track tolls, gas used, etc. and submit invoices for it).

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