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Using Personal Vehicle For Work Law California In Wake
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Multi-State
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Wake
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US-002HB
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FAQ
Yes, an employer can legally ask/require an employee to use their own vehicle for their job.
Driving a personal auto in lieu of a company-owned vehicle may seem to minimize an employer's liability, but companies can be held partially liable for damages in the event of an accident, and if an insurer discovers the individual was driving for business, it may take action against the employer for subrogation ...
Examples of driving a company vehicle for personal use include: Your employee's commute between home and work, if it is on a regular basis. Trips unrelated to your organization's purpose, work, trade, etc. Use on a vacation or on the weekend.
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.
Since it is your car, unless it is written in your employment contract, they do not legally have the right to. They could possibly terminate your employment should you refuse to. Check your contract/employee handbook.
Since it is your car, unless it is written in your employment contract, they do not legally have the right to. They could possibly terminate your employment should you refuse to. Check your contract/employee handbook.
California Labor Code section 2802 requires employers to reimburse their employees for mileage they incur in the course of their employment. Section 2804 says that employees cannot “waive” (i.e., forfeit) their right to receive reimbursement for miles driven for work.
Under California labor laws, you are entitled to reimbursement for travel expenses or losses directly related to your job. If your employer tries to shortchange you or fails to reimburse you for work-related travel expenses, you may be able to recover compensation by filing a claim or lawsuit.
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.
Here's a breakdown of the current IRS mileage reimbursement rates for California as of January 2025. Employees will receive 70 cents per mile driven for business use (3 cents from 2024.) Employees will receive 21 cents per mile driven for moving or medical purposes (same as in 2024.)
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The following reimbursement rates for meals and incidentals are maximums, not allowances. A car allowance pays employees for using their vehicles for business.Discover different policy options and choose the best rate for your company in 2024. You should get paid from the moment you arrive at work and until you get in your personal car and go home. Employees who need to drive frequently for their jobs can use their personal vehicles instead of a company car. Many California employers reimburse using the IRS mileage rate. Increasingly, this approach fails to comply with CA Labor Code 2802(a) as CA costs soar. In California, employers are required to fully reimburse you when you use your personal vehicles for business purposes. My company requires me to provide a vehicle for company use my position requires extensive off road travel requiring. A. If the employee is driving a personal vehicle, yes.