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August 18, 2010
State Laws May Affect Mileage Reimbursements

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 state laws may affect the way companies handle mileage reimbursements:

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  • For example, California requires employers to reimburse employees for any "work-related expenses," including mileage. Employees cannot waive the right to be reimbursed for these expenses, which means you must reimburse them even if an employee fails to submit mileage expense reports in compliance with company policy (as long as you know, or have reason to know, that the mileage expenses were incurred).
  • Talk with your tax and employment counsel to learn the state-specific rules that apply in the jurisdictions where you have workers.

Mark E. Tabakman, Esq., is a partner in the nationwide law firm Fox Rothschild, LLP (www.wagehourlaw.foxrothschild.com). 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 (www.wku.edu). She teaches undergraduate and graduate courses in financial accounting and taxation.

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