If your job requires that you drive around a lot, either between job sites or to make deliveries for example, then you can expect to have expenses you would not normally incur when you have a desk job or retail position.
For jobs that require driving, you might either utilize a company vehicle or you could be asked to use your own vehicle. In either case you will find that there are expenses tied to either option and your employer will be required to pay for certain expenses or reimburse you for out of pocket costs.
What Do I Have To Pay For?
As an employee you are entitled to being paid minimum wage at the very least. If you calculate the amount of money you are spending for driving-related expenses and it brings your pay rate below minimum wage, then this is a labor violation. You should be compensated for work-related driving expenses, whether it is reimbursements for mileage or things like toll road fees and even parking.
If you are driving a company car for company business, in most cases you should expect the company to cover the cost of maintenance and gas for the vehicle. You should not be required to pay for anything for the company car out of pocket unless your employer requests that you pay up front for gas, toll road fees, parking or emergencies like tow trucks, and then you receive a reimbursement for those expenses later.
The tricky part comes when you drive your own car for business purposes. You need to track your mileage for work and personal trips, as well as gas and maintenance costs. Some employers will offer a stipend or reimbursement to employees who use their own vehicles for work purposes but you need to keep the expenses very clearly outlined so as to avoid confusion. If you need to drive for work and you have no choice but to use your own car, then those costs should be reimbursed by your employer. When out of pocket costs related to driving your own vehicle are not covered, then you might be able to file a claim for those expenses.
How To Build Your Case
When it comes to driving expenses for work, you need to have records of everything. You should have a journal outlining all trips taken and the number of miles driven for each trip. You should also have receipts for gas and any regular maintenance costs that could be related to the regular use of your car for business purposes.
Your employer should also be paying for your day of work if you are an hourly employee. The time spent driving back and forth between offices or job sites should be paid out in addition to driving expenses incurred when you use your own personal vehicle.
For example, some cable companies will hire independent contractors to install equipment. These contractors often use their own vehicles because they are not cable company employees, so the contractors should note the mileage between their office and the clients’ houses and they should also be paid for the time spent traveling to see clients.
If your employer refuses to reimburse you for costs associated with driving for work, then you might be able to file a claim to recover your expenses.
Speak With An Attorney
If your employer is not willing to pay for expenses related to the use of a car for work purposes, then you might be able to file a claim against your employer to recover damages. You can either file a claim with the Department of Labor’s Wage and Hour Division (WHD) or you can file a private lawsuit. In either case, it is a good idea to consult with an employment attorney to determine the best course of action.
An employment attorney will be able to examine the details of your case to see who should be paying for your driving expenses and whether your employer is in violation. If a violation is found, then having an expert working on your behalf will alleviate a great deal of the stress that comes from having to file a claim or lawsuit against an employer. An employment attorney will know what evidence needs to be collected and can help to make sure you have everything you need to build a strong case.
While hiring an employment attorney does not guarantee that you will win your case against your employer, it will greatly improve your chances of a favorable outcome. Most employment attorneys will work on a contingency basis so that you will not be required to pay up front, and you only pay if you win your case.
For more information about how an employment attorney might be able to help you, fill out a free case evaluation form.
