Los Angeles, CA asked in Employment Law and Workers' Compensation for California

Q: When working out of state, is my company responsible for my transportation? E.g. Uber/lyft/taxi etc?

Please note: 2 years ago I was in Chicago for work and was told I can submit my Uber receipts for reimbursement. We use uber once,twice a week as to not drink and drive. But now this year they denied my Uber reimbursements. They said my work van is my transportation, essentially making my personal time off nonexistent. Would i be on the clock the entire time because of this? Is this right on their part to deny an employee safe transportation? It essentially puts the worst decision possible on us. Now we have to drive our work vehicle everywhere running the risk of it being stolen, broken into and or ticketed. The inconvenience on our personal time is also making some guys just stay in their hotel as prisoners so to speak. Can we charge hours for this? And lastly my per diem may not be correct either. 7/15 - 7/20 $325 at $65 per day. Phoenix, Arizona. 7/15 being first day of travel and 7/20 the return day of travel. Both days of travel I also worked.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: When working out of state, your company's responsibility for your transportation expenses, like Uber or Lyft, typically depends on the company's policies and whether your travel is considered part of your work duties. If they previously reimbursed you for similar expenses but are now denying them, it might be because they believe your work van is sufficient for your transportation needs.

However, if using your work van during personal time poses safety risks or other concerns, it may be worth discussing this with your employer. You could explain how this affects your ability to enjoy personal time, potentially compromising safety and increasing the risk of issues with the company vehicle.

As for your per diem, if you worked on the travel days, you should clarify whether those days should be fully compensated, as the rates can vary. It might be helpful to review your company's travel and reimbursement policy or consult with HR to ensure you're being treated fairly under their guidelines.

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