Pregnancy Disability Leave (PDL) - Feb. 10 | Webinars

Tuesday, February 9, 2010

Pregnancy Disability Leave (PDL) - Feb. 10 | Webinars

Established in 1937, CEA is a non-profit association providing personalized and cost effective comprehensive information, services, and training for all aspects of human resources management,California Labor Law and relations solutions throughout California. Located throughout the state, CEA’s staff of regional directors draw upon more than 150 years combined knowledge and experience to assist in all aspects of employer-employee relations.






For more information please contact:





Scott J. Dear, Director of Membership Services


Toll free 1-800-399-5331 or 916-921-1312.


Cell 916-281-5898








Learn More see my short video California Employers Association Story





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Pregnancy Disability Leave (PDL) - Feb. 23 - Fresno | Employer Forums

Pregnancy Disability Leave (PDL) - Feb. 23 - Fresno | Employer Forums

Established in 1937, CEA is a non-profit association providing personalized and cost effective comprehensive information, services, and training for all aspects of human resources management,California Labor Law and relations solutions throughout California. Located throughout the state, CEA’s staff of regional directors draw upon more than 150 years combined knowledge and experience to assist in all aspects of employer-employee relations.






For more information please contact:





Scott J. Dear, Director of Membership Services


Toll free 1-800-399-5331 or 916-921-1312.


Cell 916-281-5898








Learn More see my short video California Employers Association Story





Read full post >>

The IRS Mileage

Monday, February 8, 2010


Question: Can I pay my employees less than the full IRS Mileage rate (currently 50 cents/mile)?

Answer: An employer may reimburse an employee for mileage incurred when using his/her personal vehicle on company business at a rate lower than the IRS rate. However, if the employer chooses to reimburse at a rate lower than the IRS rate, the employer accepts certain liability for any loss or damage to the employee's automobile that occurs while he/she is on company business.
The California Labor Code requires employers to reimburse employees for all necessary expenditures incurred by employees. This would include mileage expense as well as damage to an employee's vehicle while being used for company business.

Here's Labor Code Section 2802(a): An employer shall indemnify his or her employee for all necessary expenditures of losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying the directions, believed them to be unlawful.

The Division of Labor Standards Enforcement (DLSE), in its Enforcement Policies and Interpretations Manual says this about mileage reimbursement:

IRS Mileage Allowance. DLSE has opined that use of the IRS mileage allowance will satisfy the expenses incurred in use of an employee's car in the absence of evidence to the contrary.

Award Of Attorney's Fees & Interest. Both interest and attorney's fees incurred in claims and actions to enforce 2802 are recoverable and may be awarded by either the courts or the Labor Commissioner to an employee (but not the DLSE or employer) who prevails in such an enforcement claim or action. (Labor Code § 2802(c)).

Note: The provisions of Labor Code § 2800 and 2802 may not be altered or waived by private agreement. (Labor Code § 2804).

The DLSE has construed the application of Section 2802 to automobile expenses, including the costs of any loss or damage to an employee's automobile that occurs while he/she is on company business. The Division takes the position that the payment of a reasonable mileage reimbursement covers all reasonable operating costs incurred by the employee in the operation of a personal vehicle for business purposes. For this purpose, the Division will accept the mileage reimbursement used by the IRS as reasonable. Where such a reimbursement is made, operating costs covered would include damages or loss due to accident or theft. An exception will apply when the damage or loss is the direct result of the employer's negligence.

The Division has also described the position it will take if there is no agreement to pay a reasonable mileage reimbursement. In such a case, the Division would require the employer to reimburse the employee for the actual costs incurred in operating the vehicle in the service of the employer. Those costs would include losses due to accident or theft while the vehicle is being used for business purposes. Further, an employer cannot avoid the liability created under Labor Code Sections 2802 and 2804 by insisting that the employee pick up a portion of the cost or insure against a loss. Consequently, unless an agreement exists for a reasonable mileage reimbursement, the employer cannot insist that an employee pay for insurance to cover all or a portion of the cost of any potential loss or damage incurred when the employee uses a personal automobile for business purposes.

Bottom Line: Why risk paying for an accident, theft or any other damages, when you can just pay your employee the current IRS mileage rate?

Established in 1937, CEA is a non-profit association providing personalized and cost effective comprehensive information, services, and training for all aspects of human resources management, California Labor Law and relations solutions throughout California. Located throughout the state, CEA's staff of regional directors draw upon more than 150 years combined knowledge and experience to assist in all aspects of employer-employee relations.


What can CEA do for You! CLICK HERE


For more information please contact:
Scott J. Dear, Director of Membership Services
Toll free 1-800-399-5331 or 916-921-1312
Cell 916-281-5898
Email: sdear@employers.org
Website:  http://www.employers.org/
Twitter: caemployers

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Learn More: see my short video California Employers Association Story CLICK HERE

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