My question involves employment and labor law for the state of: Washington
My brother is using his car for work and doesn't get paid for gas etc. He is wondering if there's any way to get compensation for hours gas and insurance.
My question involves employment and labor law for the state of: Washington
My brother is using his car for work and doesn't get paid for gas etc. He is wondering if there's any way to get compensation for hours gas and insurance.
sure. there is a place on his tax forms for claiming mileage. Best check the requirements for documentation though.
Just to clarify, in 48 out of 50 states, including Washington, there is no law requiring an employer to reimburse an employee for business related expenses. In the absence of a legally binding contract or CBA that specifically says otherwise, it is up to the employer whether to provide reimbursement and if so, how much.
However, if the employer does not provide reimbursement, the employee can claim a deduction on his income tax.
I just re-read the original post and I overlooked one thing:
if your brother is an employee, under most situations, he is required to be paid for travel time during the workday once he starts his day at his first stop. You do not get taken "off the clock" merely because you are driving from one location to another.He is wondering if there's any way to get compensation for hours gas and insurance.
Without knowing the entire situation, it is impossible to give completely proper advice.
cbg is much more informed than I on this subject and if you provide specifics, I am sure she would provide whatever info she can to direct your brother concerning this.
I missed that too, jk.
Here's how it works.
If your brother is non-exempt, he does not get paid for the time when he leaves his house till the time he reaches the first required stop of the day. He also does not get paid for the time from the last required stop of the day till he gets home. Any travel time in between is paid time. This is Federal law.
If your brother is exempt, then his salary covers all time, including travel time, and he is not entitled to any additional compensation for the time he is traveling. This is also Federal law.
As already indicated, neither Federal nor state law requires that he be paid for gas, mileage, wear and tear, or other expenses related to the use of his car., regardless of whether he is exempt or non-exempt. He can certainly investigate making the deductions on his taxes. He will need to contact his tax advisor for the details.
I'm assuming that you are discussiong a job where he is on the road to clients on a daily basis. If you are talking about the occasional business trip to another city, it becomes more complicated. Please advise in that case.