Is an employer required to reimburse for mileage when they require an employee to use their personal car and gas for travel between locations?

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Is an employer required to reimburse for mileage when they require an employee to use their personal car and gas for travel between locations?

My husband was hired at a shop close to home. Since being hired, they have shut down most of that shop and are now requiring him to travel to 2 different shops anywhere between 50 and 100 miles per day. They are making him use his own car and are not reimbursing for mileage. Is there a law that says they have to?

Asked on January 7, 2012 under Employment Labor Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

No, unfortunately, as unfair as it is, employers are not required to pay for  fuel or reimburse employees for their mileage; many may choose to do, but it is voluntary on their part.

Your husband should track his mileage and fuel expenditure; I believe that if you and he itemize your income tax return, he may be able to claim a tax deduction for the mileage--it's worth discussing with a tax preparer.


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