Ferraro Vega Employment Lawyers help Seattle workers when they’re not paid properly. There’s any number of ways you can have your wages effectively stolen by your employer, but one of the most common is when they don’t pay you for your mileage during trips. It’s frustrating, but you do have options that our team can help you with. Contact us today for a free consultation to learn more.
Should You Get a Lawyer?
If your employer isn’t paying you for mileage or travel expenses related to your job, it might seem like a small issue at first. However, unpaid mileage can add up quickly, costing you hundreds or even thousands of dollars over time. Before it reaches that point, though, you should certainly think about your legal options and that means getting a lawyer. Here’s how our team can help you in this situation:
- Calculating what you’re owed – Our team reviews your travel records and calculates how much you should have received in wages.
- Negotiating – We can reach out to your employer to demand fair payment and negotiate a settlement before going to court.
- Taking legal action – If your employer refuses to pay, we can file a lawsuit to recover your unpaid mileage, along with any other damages you may have.
Unpaid mileage isn’t just an inconvenience–it’s money you’ve earned. If your employer isn’t paying what they owe you, we can help protect your rights and get you paid.
What is Involved in an Unpaid Mileage Claim?
If you use your personal vehicle for work-related tasks in Seattle, you have the legal right to be paid for that time. While Washington doesn’t have a specific mileage reimbursement law, employers are generally expected to follow federal guidelines, which are currently set at:
- 67 cents per mile for business travel
- 21 cents per mile for medical or moving expenses for eligible active-duty military
- 14 cents per mile for “charity-related” driving, performed for an approved charitable organization
Not paying your mileage, obviously, could be seen as a violation of federal labor laws, leaving you with unnecessary expenses. And even though these guidelines are straightforward, many employers still try to get around them by doing things like:
- Calling your mileage “voluntary” – Your employer might claim driving your car for work is optional, but if driving is part of your job, they have to reimburse you for the miles you drive.
- Paying flat rates – Some employers offer a fixed amount for mileage instead of paying per mile driven. This often doesn’t cover the full cost of gas and vehicle maintenance, leaving you underpaid.
- Misclassifying you – Your employer may also wrongly label you as a contractor to avoid paying for mileage. If you’re treated like an employee, you’re legally required to be paid for your mileage.
- Saying your mileage doesn’t qualify – Sometimes, your employer might refuse to reimburse travel between home and the office, calling it “commuting.” However, any business-related driving, like meetings or job sites, should be reimbursed.
- Not offering reimbursement – Some employers simply refuse to pay for mileage, even when driving is part of your job. They are legally required to reimburse you for business-related travel.
- Ignoring your requests – If your employer ignores or delays your requests for mileage reimbursement, they are violating your rights. You may need to take legal action to get the money owed to you.
No matter what the situation is, not paying mileage to workers is against federal regulations. This is a huge issue that undermines an employer’s most basic responsibility: paying their workers fairly. It’s frustrating, but when it happens, you have options.
What Legal Options Do You Have For Unpaid Mileage Claims in Seattle?
Dealing with unpaid mileage can be frustrating and impact your finances. Luckily, there are legal steps you can take if your employer isn’t reimbursing you for your business-related travel. Your options include:
- File a Complaint with the WHD – One of the first steps you can take is to file a complaint with the Department of Labor’s Wage and Hour Division (WHD), the federal agency that enforces laws relating to unpaid wages. If successful, the DOL can order your employer to reimburse you for the unpaid mileage.
- File a lawsuit – If your employer is refusing to reimburse you or dismisses your claims, you can take legal action by filing a lawsuit in civil court. Our team will then guide you through this process.
- Class action lawsuit – If other employees are also experiencing the same unpaid mileage issue (which is likely), you may be able to join a class action lawsuit. This is where multiple employees can take collective action against your employer for the same unpaid mileage violation.
These legal steps can help you get the unpaid mileage reimbursement you’re rightfully owed, but it’s difficult sometimes. Still, damages in an unpaid mileage claim usually include:
- Unpaid mileage reimbursements with interest
- Liquidated damages, which could double the amount of unpaid mileage
- Reimbursement for out-of-pocket expenses
- Attorneys’ fees
- Emotional distress damages
Taking action against unpaid mileage requires a strong claim, so it’s important to act quickly. In Washington, you typically have three years from the last unpaid mileage incident to file a claim. Missing this deadline can prevent you from getting these damages.
How Can You Strengthen Your Claim to Unpaid Mileage?
Like any claim, the more evidence and proof you have, the stronger your claim is. While facing your employer in this situation is difficult, the reality is that it’s fairly easy to understand what you’re missing out on when you’re not paid for your mileage. At the same time, though, it can sometimes require you to take the following steps to strengthen your claim:
- Keep records – The more documentation you have, the better. Track the dates, destinations, and purpose of each trip you took for work, as well as the number of miles driven. Use apps or spreadsheets to make the process easier and more organized.
- Track your expenses – In addition to mileage, keep receipts for any expenses related to your travel, such as tolls, parking fees, or gas. This shows that your driving involved costs and reinforces the need for reimbursement.
- Save all communications with your employer – Keep a record of any communication with your employer regarding mileage reimbursement. This includes emails, texts, and written requests for reimbursement. If your employer refuses to reimburse or ignores your request, this documentation can be valuable evidence.
- Review policies – Make sure you understand your employer’s policy on mileage reimbursement. Even if there’s no written policy, your employment contract or any verbal agreements can help show what you were led to believe when you were hired.
- Gather witness statements – If your coworkers are experiencing the same issue, consider gathering statements from them. This can strengthen your claim, particularly if you’re considering a class action lawsuit.
By keeping thorough records and understanding your rights, you’ll be in a better position to prove your case. And remember, you can always count on our team for guidance and support throughout this process.
Contact Ferraro Vega Today for a Free Consultation on Unpaid Mileage Claims in Seattle
If your employer isn’t reimbursing you for mileage in Seattle, you have legal rights that need to be protected. At Ferraro Vega Employment Lawyers, we’re here to help you make sure you get paid what you’re owed. Our team knows the laws and will work hard to hold your employer accountable. Don’t wait–contact us today for a free consultation.