What are my rights to reimbursement for mileage?

UPDATED: Sep 30, 2022

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What are my rights to reimbursement for mileage?

I’m not sure I even have a basis for complaint. I am paid mileage on my job. I did not receive a current auto

insurance card from my insurance agency and the one my employer had on file expired on 05/30. This week

I turned in a current card that expires in 6 months. My paycheck for 5/16-5/31 did not include mileage

reimbursement and I am told that I will be paid next payday. Is this legal? I would understand not being paid mileage

for 05/31, but am I not entitled to be paid up to and including the 30th?

Asked on June 10, 2017 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you have a written employment contract for a definite period (e.g. a one-year contract) which is still in effect and it guarantees you mileage reimbursement, they have to pay in accordance with the terms of the contract. If the contract does not by its terms allow them to not reimburse while they don't have a current insurance card on file, they would have to pay you.
If you don't have a written contract however, when--and even whether--to reimburse you is up to the employer's discretion, so they could choose to not pay you for this period. Mileage reimbursement is not required by law, but is voluntary on the employer's part except when there is a contract.

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 AttorneyPages.com 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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