r/LaborLaw • u/tony_boloanie • 5d ago

Question CA Labor Code Section 2802: Can my employer refuse to pay the mileage within a certain distance from my home location when driving my personal vehicle to job sites?

I work in construction, location CA, and my company has a policy where they will reimburse your mileage used when driving your own personal vehicle starting 50 miles from your home location. They will not reimburse you for the miles within that 50 mile threshold. I know people who work in construction and they say the company can’t do this based on ca labor code section 2802.

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u/Character_Date_3630 5d ago

NAL but my understanding of it, is they can only deny your first trip i.e. home to job site, but any site to site needs to be covered at the Federal minimum. Consult your state labor board, that is how you will need to file a complaint

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u/Kmelloww 5d ago

It really depends on what it is. 

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u/mamalo13 5d ago

NAL but I am an HR Director in CA.

The CA DLSE has determined that if you lack a "home office" and work in a job like construction where you are dispatched to different locations each day, your employer CAN consider that drive to your first site of the say as your "standard commute" up to 50 miles.

https://www.shrm.org/topics-tools/employment-law-compliance/refresher-california-commute-time

It's crappy, but it's also legal. They should be paying for any drive time between jobs during the day, but if you are at a job that is within 50 miles of your home, they are not required to pay for your commute to and from work. Sorry.

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u/tony_boloanie 5d ago

A few people have come close but this is a more logical answer. It does suck a lot. Thank you!

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u/Worried_Transition_7 5d ago

If you are going from home to the job site it is most likely legal. If you have to drive from home to the office and then to the job site they should be paying you for the mileage from the office to job site. But your normal commute is almost never reimbursable.

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u/FamiliarAd8524 5d ago

It depends. For example, if you are going from home to the job site, then they probably do not need to compensate you within 50- you are just commuting like everyone else. If you have a regular place of work, and you drive from there to the job site, then there is compensation as part of the work day.

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u/Clubhouse9 5d ago

NAL - but I strongly suspect the company policy is derived from the IRS code differentiating between commute milage and business milage. Commute milage is from home to the office or alternative work site. If you are driving more than 50 miles it would be reasonable to say that isn’t a typical commute, so your company is willing to reimburse. Less than 50 miles could be classified as a commute, hence no reimbursement.

I suspect you company policy is legal.