• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

mileage and fuel

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

stacylowridez

Junior Member
Hi, I live in Bakersfield, Ca. and recently started working for a local house cleaning service. I drive my own car from house to house, 40-80 miles a day, aprox. 200 miles a week. Is my employer required to pay any of the mileage or fuel costs? Or is it just something I have to claim on my taxes?
 


FlyingRon

Senior Member
They aren't obliged to pay your costs. You can deduct that, but you'd better keep good contemporaneous records. Your boss if he was smart insures himself because even though he's not paying your driving costs, he is open to liability if you have an accident.

Are you being paid as an employee or an independent contractor?
 

pattytx

Senior Member
Actually, in California and Massachusetts, if the OP is an employee (which she almost certainly should be), they DO have to reimburse travel expenses incurred in the performance of her duties.

Here's the California cite.

2802. (a) An employer shall indemnify his or her employee for all
necessary expenditures or losses incurred by the employee in direct
consequence of the discharge of his or her duties, or of his or her
obedience to the directions of the employer,
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=02001-03000&file=2800-2810

The DLSE has determined that using a mileage rate of at least the IRS rate meets the state's requirements.
http://www.dir.ca.gov/dlse/DLSEManual/dlse_enfcmanual.pdf
Section 29.2.4
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top