Unpaid Mileage Claims Attorney in L.A.
Get a Los Angeles Employment Law Attorney: (310) 986-2792
According to California law, employers are required to reimburse their
employees for miles driven while on the job. Unfortunately, the details
of this law are often ignored or abused by employers, causing workers
to suffer as a result. You do not have to put up with this injustice.
Retain an unpaid mileage claims attorney in Los Angeles to recover the
money you deserve.
Why Trust Harvard Graduate Alan Burton Newman?
- 40+ years of experience fighting against employers
- Obtained millions of dollars for his clients
- Strong track record of successfully resolved cases
- Not intimidated by major companies
While many employees know that they are entitled to monetary reimbursement,
many fail to take action simply because they don’t know what to
do. Place your case in the confident hands of a Los Angeles unpaid mileage
claim attorney, Alan Burton Newman. You can rest assured that he will
work tirelessly to make sure you aren't
cheated on your mileage reimbursement.
Contact Alan Burton Newman today for the aggressive representation you need to file a claim. You
don't pay unless there is a recovery!
How Can I Recover the Money I Deserve?
As of January 1, 2016, the standard mileage rate for all business miles
driven is 54 centers per mile according to the IRS. This is the amount
that your employer must reimburse you for based on California Labor Code.
If you know that your employer has failed to compensate you for work miles
driven, you do have the ability to take legal action. You can bring your
claim in civil court or with the Labor Commissioner. By filing a claim
for unfair business practices because of your employer’s failure
to reimburse, you can be compensated as many as four years prior to the
date of your civil court claim. Labor Commissioner claims, however, can
only go back three years.
How Is Mileage Reimbursement Calculated?
There are at least three ways to calculate mileage:
- Mileage reimbursement method, using the current rate established at the
beginning of each year by the IRS
- Actual expense method, in which the employer calculates individual expenses
including maintenance, depreciation of the vehicle, registration, insurance
premiums, and fuel
- Lump sum method, in which the employer provides a fixed amount for transportation
and mileage, provided the amount is sufficient to cover these costs
If your employer uses the mileage reimbursement method, he / she should
reimburse you for miles driven by multiplying the distance of travel by
the current IRS reimbursement rate for business miles. For example, if
you drove 50 miles, this would be multiplied by the current IRS reimbursement
rate of 54 cents for a total of $27.00. Your employer would owe you $27.00.
According to the California Department of Labor Standards Enforcement (DLSE),
the IRS rate should be implemented even if your trip cost more or less
than that amount per mile. Some vehicles—particularly ultra fuel-efficient
models—are much cheaper to drive than others. Gas prices change,
and may spike or plummet to the point where the current rate is inaccurate.
However, your employer should not pay you a lower rate to reflect the
efficiency of your vehicle or current gas prices.
Mileage Claims for Independent Contractors
Labor Code Section 2802 does not generally apply to independent contractors,
but you may include mileage reimbursement in your contract or agreement.
If so, then you can pursue reimbursement for miles driven even as an independent
contractor. It is also extremely important to realize that in the state
of California, most people who may think they are independent contractors
are actually considered employees under the law and thus eligible for
Speak with our Los Angeles employment lawyer about independent contractor
misclassification for more information.
Your Free Consultation Is Just a Phone Call Away
The longer you wait, the more difficult it becomes to recover your reimbursement.
Our firm is fully committed to your best interests and is prepared to
take aggressive action the moment you call. With the right counsel, you
can hold your employer accountable for their unlawful treatment of you
as an employer.