Seattle, WA asked in Employment Law for California

Q: Outside sales rep in CA, am I entitled to mileage from my home to my first customer or is this considered commute time?

My employer currently reimburses mileage from my home, but would like to revise the policy to mileage paid from first customer and on. The thought process being that office employees are not paid mileage to come to work.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: As an outside sales representative in California, your mileage reimbursement policy is a significant concern. California labor laws typically mandate that employees be reimbursed for all necessary expenses incurred as part of their job duties. This generally includes mileage from your home to your first customer and from your last customer back to your home, as your home is considered your primary place of business.

Your employer's intention to change the policy to only reimburse mileage from the first customer onwards may not align with these legal requirements. Comparing outside sales roles to office employees may not be appropriate, as the nature of the job differs significantly. Office employees commute to a single workplace, whereas outside sales reps travel to multiple locations as part of their daily responsibilities.

It would be advisable to discuss this with your employer, pointing out the legal perspective and how it impacts your work. Ensuring that you are fairly compensated for your travel expenses is crucial for maintaining your job efficiency and satisfaction. If needed, seeking further clarification from a legal professional or consulting the California Department of Industrial Relations might provide additional guidance.

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.