Bakersfield, CA asked in Employment Law for California

Q: How do I know if my employer is paying me what I'm owed when my per diem, mileage, travel time and wages are not itemize

My question is about travel pay, per diem and mileage. I live in California. Ive never traveled for work until recently so what I want to know is how should a pay stub look if owed all of the above from my employer? My pay stubs only shows hours I worked and my pay rate which is $2 less than what we agreed upon during the hiring process. Also with everything being all lumped together I do not know if they are paying me exactly what Im owed. I put a lot of miles on my personal vehicle (over a 1000) in a very short time, 9 days. Could you please explain if this is legal? Also with it together like this I'm being taxed for it all and I don't believe mileage and per diem are considered wages.

Related Topics:
1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: Reimbursements should never be lumped into income. Reimbursements should not be taxed, but if lumped into the gross income number, they will be.

Your employer is therefore violating at least one of the Labor Code sections regarding adequacy of your wage statement, as well as misreporting of wages.

Do your best to keep track personally of all mileage, all other reimbursements, and all wages owed to you. Then locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.