Unreimbursed mileage and drive time

UPDATED: Oct 2, 2022

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Unreimbursed mileage and drive time

I am a non exempt employee and my employer schedules me to see a client for a
four hours session. The drive takes me around 40-45 minutes each way 22 miles
each way. The problem is that this specific client tends to not sow up to
session which means I only get paid for one hour of wait time. So for all the
time spent I get paid 11.45 19.45-8 gas money 11.45. Is it legal?

Asked on August 20, 2019 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Time spent driving to a client's location or worksite is work time and you should be paid for it: therefore, as a non-exempt (we presume) hourly employee, you should be paid for the 40-45 minute drive (each way) as well as for any time actually spent waiting for the client until you find out about or confirm that they cancelled or are a non-show.
If this happens often enough to have an impact on earnings, you may wish to contact your state's department of labor about filing a complaint.
There is no right to mileage reimbursement: an employer might voluntarily choose to pay you for mileage, but does not have to.

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