Harwich, MA asked in Employment Law for Massachusetts

Q: Should I pursue my Massachusetts employer for mileage reimbursement since I use my personal vehicle every day for work?

After hire, I was told that apparently I will need a vehicle to get the job that I was hired for done. I ended up buying a car just for this job to be used at work only. Apart from commute to and from work, I spend the whole work day needing my car to oversee areas of the property. I didn't use the car for ANY personal trips, just commute and at work. I asked later if at least gas can be paid for and the employer said no. They never mentioned any possibility of reimbursement, of course. I ended up paying out of pocket for months of amortization, maintenance, repairs, gas, registrations, inspections, etc. I think we are talking about at least 25-30 miles a day on average of driving around the property. I quit some time ago and found out that Massachusetts law requires employers to reimburse mileage expenses. I know I was stupid, but what can be done now to return some money for the use of my personal vehicle? Please reply.

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1 Lawyer Answer

A: Generally, employees do not need to be reimbursed or paid during travel time to and from work. However, miles driven during work (after you clock in and before you clock out) need to be reimbursed if your vehicle expenses would bring your hourly rate below the state and federal minimum wage. For example, if you make $10 per hour and work for 8 hours, but you are required to pay for $30 worth of gas that day, your actual hourly rate, minus $30 of gas, is $6.25. This is a state and federal minimum wage violation.

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