Is it against the law for a company to not reimburse commuter miles?

UPDATED: Jul 14, 2010

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UPDATED: Jul 14, 2010Fact Checked

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Is it against the law for a company to not reimburse commuter miles?

I work for a company that has sales routes. Previously, for covering these routes I was reimbursed full mileage less the miles to get to our distribution center.When a route came up for bid I took it assuming that such reimbursement was standard pay. However, 2 months after taking the new route, my mileage claim was sent back. I was told that I only get paid from store to store. I cover 3 routes that are a substantial distance from my house. Do I have any recourse in this action?

Asked on July 14, 2010 under Employment Labor Law, Michigan


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Unless Michigan has made it so, generally whether or not you are reimbursed for mileage and how you are reimbursed comes down to your agreement upon being hired for the job.  Again generally, you are not reimbursed for your "commuting" expenses to your job unless there is some sort of City or State program involved (like Transit Check in New York).  You can, though, check with your accountant or tax adviser as to your status as an employee under the law and what that may entitle you to deduct from your own taxes those expenses that are not reimbursedby your employer.  It may be more advantageous to you one way rather than the other.

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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