San Diego Unpaid Mileage Wage Claims Lawyer
While California has favorable labor laws for employees, companies still deny employees the wages they’ve earned throughout the work week. One way a company may deny an employee payment is through unpaid mileage. If you believe your employer is withholding money you deserve, you should speak with a San Diego unpaid mileage wage claims lawyer and begin legal action.
At Ferraro Vega San Diego Employment Lawyers, we seek to ensure the courts protect our clients’ rights. We can help you achieve a settlement after your employer attempts to deny you the mileage you’ve earned.
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Can Ferraro Vega San Diego Employment Lawyers Help Me Collect Unpaid Mileage Wages?
At Ferraro Vega San Diego Employment Lawyers, we focus exclusively on defending employees’ rights to fair compensation and a safe working environment. We have years of experience working in the field of employment law, and we know how to negotiate an appropriate settlement. Schedule a consultation for an honest assessment of your chances in court.
Does My Employer Have to Pay for Mileage?
Your company may have to pay you mileage when you use your personal vehicle for a work-related activity. Commuting to and from work does not warrant being paid mileage, but you should be paid for any task you do with your vehicle while on the clock.
For example, if you have to use your car to drive to another worksite or transport goods for your company during the day, this would qualify you for mileage payments. These travel periods can be spontaneous and unplanned or be part of your daily activity at your job.
Federal law does not require a company to pay mileage to its employees, but California law does require an employer to do so.
You can find the relevant legislation in California Labor Code Section 2802, which states a company must pay at least the minimum mileage rate set by the IRS each year. For 2023, the IRS set the business mileage rate at $0.655 per mile. Your company can pay more than the rate but cannot go below that number.
Contractors do not have the same protections under California law, but they can include mileage payments in their contracts if the other party agrees.
Your company can pay our mileage in multiple ways. Some companies will opt to pay a set rate per mile, while others may pay a lump sum for travel. Your company can also ask you to provide a report of how much they should pay based on fuel costs, wear and tear, and any other expenses you may have incurred. Regardless of the payment method, it still must be above the IRS minimum.
Employers may try to deny people mileage payments by not informing them that they qualify or by misclassifying them as independent contractors instead of employees. Your employer may also attempt to deny that your travel is work-related. Regardless of the reason, you can fight to reclaim unpaid wages by filing a claim against your employer.
What Should I Do if My Employer Isn’t Paying for Mileage?
If you believe you qualify for mileage payments and your employer in San Diego won’t agree to your demands, you may need to bring legal action against them. You can file a claim with the Labor Commissioner or go to civil court to attempt to extract unpaid wages from your employer. A settlement could compensate you for your unpaid wages.
Do I Need an Attorney When Filing a San Diego Mileage Wage Claim?
Hiring an attorney gives you a better chance of succeeding in your claim against your employer. Your attorney can ensure all the paperwork and forms are correct and can help you negotiate with your employer to reach a fair agreement. Without an attorney, your company may take advantage of you and refuse to settle.
Unpaid Mileage Wage Claims FAQs
Q: Can I File a Claim for Unpaid Mileage Wages in California?
A: If your company should have been paying you wages for mileage, you can file a claim against them to pursue compensation for the wages you were denied. You can only collect mileage payments for work-related duties you performed with your car. You cannot collect mileage for activities that aren’t work-related, such as your morning commute or getting a meal while on your lunch break.
Q: How Do I Collect Unpaid Mileage Wages in California?
A: You can file a claim in civil court or take your case to the Labor Commissioner in your area. You’ll enter into a negotiation with your employer about a settlement, and you can accept, wait for a better offer, or argue your case in court. Your attorney can advise you on the most effective way to pursue your lost wages.
Q: Does My Employer Have to Pay Back Wages With Interest?
A: The California Department of Industrial Relations says your employer should pay you interest on any unpaid wages you win in a settlement. Therefore, your compensation may be more than you would have earned initially. The interest rate may fluctuate depending on where you live, as state and local law may increase the interest rate from the federal level.
Q: Can I File a Class Action Claim Regarding Missing Mileage Payments?
A: If the problem is systemic in your company, you may want to file a class action claim with other employees. In a class action, you will pool your resources and work together to settle with your company. While you will have less direct control, the company may be more inclined to settle when facing multiple plaintiffs.
Contact an Experienced San Diego Unpaid Mileage Wage Claims Lawyer
When driving is part of your job, losing mileage wages can lower your standard of living. If your employer isn’t paying you for mileage or if you’re not being paid as much as you legally should, it may be time to file a claim.
At Ferraro Vega San Diego Employment Lawyers, we can tirelessly advocate for you to regain your unpaid wages. Contact us today to discuss your unpaid mileage case.