Can an employer make me pay my own gas regarding business mileage?

UPDATED: Oct 18, 2011

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Can an employer make me pay my own gas regarding business mileage?

I received an employment contract to sign. The job is one that requires extensive driving in a “market” area to numerous locations. The employment contract states a weekly “compensation” amount of money for the work. In another document I also received called “guidelines” there is a statement that says, “mileage within a market is not reimbursable outside of the labor rate for a distance of 75 miles from the central location of the market”. Mileage for trips outside of the 75 mile perimeter will be reimbursed above the 75 mile area”.

Asked on October 18, 2011 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There is no law requiring an employer to reimburse an employee for mileage for business trips or travel of any kind. A company is free to not offer any reimbursement, or to set any terms and conditions it wants about when and to what extent it will reimburse this, or indeed any other, cost. So it can decide to reimburse you only for mileage exceeding 75 miles from the central location of the market. If the job is not worth it economically to you because of a lack of reimbursement, your only recourse, unfortunately, is to look for a different job. Note that the cost of the gasoline and/or some allowance for mileage may at least be deductible as a business expense--this is an issue worth discussing with your accountant or tax preparer.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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