Unpaid Mileage Claims Attorney in Los Angeles
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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 Our Los Angeles Unpaid Mileage Claims Attorney?
- Harvard Law School graduate
- 35+ 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 for unpaid mileage, many fail to act because they don’t know what to do. Place your case in the hands of our unshakable 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, 2017, the standard mileage rate for all business miles driven is 53.5 cents 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 to a civil court or with the Labor Commissioner. By filing a claim for unfair business practices, you can be compensated for as many as 4 years before the date of your civil court claim. Labor Commissioner claims, however, can only retroactively extend 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, they 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, you would multiply 50 by the current IRS reimbursement rate of 53.5 cents. Your employer would then reimburse the $26.75 directly to you.
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 compensation for miles driven as an independent contractor. It is also essential to realize that in the state of California, most people who think they are independent contractors are considered employees under the law and are eligible for mileage reimbursement.
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. With over 3 decades of experience, Harvard graduate Alan Burton Newman has recovered millions in employment claims of our clients.
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