Q: I work in the state of California as an outside sales rep. Is my employer required to pay me for my travel expenses?
I travel to multiple businesses a day. I was told by my boss that they do not reimburse for travel but that I could deduct on my taxes.
A:
Your employer has an obligation to reimburse your reasonable and necessary business expenses, including paying your mileage expenses - the applicable statute is Cal. Labor Code Sec. 2802. You are entitled to reimbursement for mileage expenses between work locations. This means you are not typically owed expenses from traveling from home to work unless you have a home office, but you are owed mileage expenses (and wages) for traveling between business locations. Your employer cannot claim that you are somehow waiving your right to these expenses - the Labor Code goes so far as to say that any agreement to forego your expense reimbursement is invalid. (Cal Labor Code Sec. 2804).
Good luck.
Michael Malk
A: It depends on whether your being paid as an employee or independent contractor. Outside sales is one of few positions that is exempt from California's strict independent contractor laws. If you are an employee, then Labor Code Sec. 2802 applies and reimbursement for all necessary business expenses would be mandatory. If you are an independent contractor, then the tax deduction would be correct. I would recommend talking to an attorney if you believe you are being misclassified.
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