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This report includes a summary of key changes, including the salary level test and salary basis test.

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August 21, 2010
State Wage and Hour Commuting Laws

In a BLR webinar entitled "Mileage/Commuting Expenses: How to Avoid Big Mistakes With These Employee Expenses," Mark E. Tabakman, Esq., partner in the nationwide law firm Fox Rothschild, LLP and Stacy Wade, Ph.D., CPA, assistant professor of accounting at Western Kentucky University, explained that some states have their own unique wrinkles in wage and hour laws that may touch on driving or commuting issues.

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  • Sometimes even state courts issue rulings that could affect the way you handle pay while driving or commuting. For example, California's supreme court ruled in a recent case that employers in that state have three different options (not spelled out in federal rules) for reimbursing employees for the use of their personal vehicles on the job.
  • Consult your tax and employment counsel to understand how the wage and hour laws in the states in which you have employees might affect your driving and commuting policies.

Mark E. Tabakman, Esq., is a partner in the nationwide law firm Fox Rothschild, LLP ( He advises clients throughout the country on all aspects of labor relations and employment law, as well as the development of corporate employment policies. Stacy Wade, Ph.D., CPA, is assistant professor of accounting at Western Kentucky University ( She teaches undergraduate and graduate courses in financial accounting and taxation.

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