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.
While many employees know that they are entitled to monetary reimbursement for unpaid mileage, 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 be 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!
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 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 for as many as four years prior to the date of your civil court claim. Labor Commissioner claims, however, can only retroactively extend three years.
There are at least three ways to calculate mileage:
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 53.5 cents for a total of $26.75. 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.
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 mileage reimbursement.
Speak with our Los Angeles employment lawyer about independent contractor misclassification for more information.
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.
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