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Using Personal Vehicle For Work Law California In San Diego
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San Diego
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US-002HB
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FAQ
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.
A mileage reimbursement is not taxable as long as it does not exceed the IRS mileage rate (the 2023 rate is 65.5 cents per business mile). If the mileage rate exceeds the IRS rate, the difference is considered taxable income.
The California mileage reimbursement law for 2024 and beyond is clear in stating that employers should cover all costs an employee incurs while traveling for business-related activities. This does not include the commute between home and work, but it does include travel done during work hours.
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.
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.
FAQ. How much is mileage reimbursement in California? The standard mileage rate set by the IRS, applicable in California, is 67 cents per business mile for 2024. The 2025 mileage rate is 70 cents per business mile.
Business use generally means travel between two business destinations, one of which may include your regular place of business. Typical trips that are deductible include: travel from one job to another. travel from one customer or client to another.
In California, employers are legally required to reimburse their employees for all necessary expenses incurred during work-related travel, including mileage. If an employee is not reimbursed for these expenses, they may have legal grounds to file a claim or lawsuit against their employer.
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.