Using Personal Vehicle For Work Law California In Miami-Dade
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FAQ
When you decide to use your personal vehicle for business, all you must do is keep a log of miles driven for the business as well as any overall vehicle costs, which you or your accountant will then use as needed to adjust your taxable income. That information will then become part of your tax return.
In short, yes the employer can. In California all employment is considered to be on an at will basis unless there is an agreement to the contrary about that status between the employee and employer.
If your employees drive their personal vehicles for work, your business is at risk of financial liability in the case of an accident. In this article, we focus on non-owned autos (an exposure faced by nearly every company), what it is and how to reduce your risk to loss.
Yes, your employer can require you to use your own vehicle, but they have to reimburse you for all costs associated with travel, from tolls to mileage, to increased insurance. Since your employer is only paying mileage one-way, they may (probably are) violating Labor Code section 2802.
It depends on your employment contract. If you signed an agreement to use your personal vehicle for work-related tasks, refusing to do so could be a breach of contract. However, if your contract does not require using your personal vehicle, you might have more room to refuse.
The personal use of a company-owned automobile is considered part of an employee's fully taxable wage income and proper documentation is vital. If you cannot determine business versus personal use, the value of the vehicle would be 100% taxable to the employee for both types of usage.
