News & Analysis as of

Wage and Hour Mileage Reimbursement

Marshall Dennehey

Sixth Circuit Discredits IRS Mileage Rate as Sufficient Payment to Employee Drivers Under the FLSA

Marshall Dennehey on

Parker v. Battle Creek Pizza, Inc. & Bradford v. Team Pizza, Inc., Nos. 22-2119/3561 (6th Cir. Mar. 12, 2024) (not yet reported) - The Sixth Circuit recently considered a consolidated appeal regarding how delivery drivers...more

Amundsen Davis LLC

IL Minimum Wage 2024 Update – July 1, 2024 Increases to Chicago and Cook County Minimum Wages; January 1, 2024 increase to the IRS...

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On January 1, 2024, we saw the Illinois minimum wage increase from $13.00 to $14.00. The City of Chicago and Cook County are also increasing their minimum wages on July 1, 2024. The minimum wage for the City of Chicago will...more

Littler

Littler Lightbulb: March Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Fisher Phillips

Fresh From The Oven: Appeals Court Tosses Out Rulings on Pizza-Delivery Driver Mileage Rates, Serves Several Wins for Employers

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An appeals court just ruled that pizza companies do not need to use the Internal Revenue Service’s standard mileage rate when reimbursing their delivery drivers for the actual costs of using their vehicles for work. In...more

Littler

Sixth Circuit Delivers Uncertainty on Calculating Impact of Driver Costs

Littler on

When nonexempt employees use their personal vehicles to provide delivery services, how much must their employer reimburse them to ensure that the employees are paid at least the minimum wage required by the Fair Labor...more

Jackson Lewis P.C.

Sixth Circuit Rejects Two Methods for Computing Workers’ Vehicle Expenses for Minimum Wage Purposes

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The U.S. Court of Appeals for the Sixth Circuit vacated two district court decisions involving how pizza delivery drivers should be reimbursed for vehicle-related expenses under the Fair Labor Standards Act (FLSA). Parker v....more

Roetzel & Andress

Sixth Circuit Throws Out Minimum Wage Standards for Employees Who Drive Their Own Vehicles for Work

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Last week, the U.S. 6th Circuit Court of Appeals, which covers Michigan, Ohio, Kentucky & Tennessee, turned minimum wage law for employees who drive their personal vehicles for work on its head. While the decision...more

Holland & Knight LLP

Gobierno de Colombia decretó incremento del salario mínimo legal y auxilio de transporte

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El Gobierno Nacional de Colombia, mediante los Decretos 2292 y 2293 de 2023, anunció el incremento del salario mínimo legal mensual vigente (SMLMV) y del auxilio legal de transporte, respectivamente....more

Amundsen Davis LLC

IL Minimum Wage 2023 Update – July 1, 2023 Increases to Chicago and Cook County Minimum Wages; January 1, 2023 Increase to the IRS...

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On January 1, 2023, we saw the Illinois minimum wage increase from $12.00 to $13.00. The City of Chicago and Cook County are also increasing their set minimum wages on July 1, 2023. Because the unemployment rate for 2022 was...more

Lewitt Hackman

Employer Cost Increases: Los Angeles Minimum Wage, Federal Mileage Rate

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The City of Los Angeles announced its new minimum wage which rises to $16.78 per hour (an increase of $0.74 from the current minimum wage of $16.04), on July 1, 2023. The increase is based on the Consumer Price Index for...more

Amundsen Davis LLC

IL Minimum Wage 2022 Update – July 1, 2022 Increases to Chicago and Cook County Minimum Wages and IRS Mileage Rate!

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On January 1, 2022, we saw the Illinois minimum wage increase from $11.00 to $12.00. Not to be outdone, the City of Chicago and Cook County are increasing their set minimum wages on July 1, 2022....more

Jackson Lewis P.C.

Reminder Regarding California Expense Reimbursement & IRS Increase of Its Mileage Rate

Jackson Lewis P.C. on

Under California Labor Code 2802, employers are required to reimburse employees for necessary expenses incurred in executing their job duties for their employer. This reimbursement requirement may apply to the use of the...more

Shook, Hardy & Bacon L.L.P.

National Employment Perspective | Delivery Driver Reimbursement

Department of Labor Confirms that Delivery Drivers Need Not Be Paid Actual Expenses or the IRS Rate for Use of Their Own Vehicles - Over the past several years, employers have faced significant litigation over how they...more

Fisher Phillips

Fisher Phillips Victory Serves As First Blow In One-Two Punch Against Strict Reading Of Vehicle Reimbursement Law

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In a win secured by members of Fisher Phillips Wage and Hour Law Practice Group, a Colorado federal court just held that employers may “reasonably approximate” vehicle-related expenses for reimbursement purposes under federal...more

Seyfarth Shaw LLP

Reasonable, Not Required: DOL Says IRS Mileage Rate Is Not Only Expense Reimbursement Method

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. DOL has confirmed that there is no per se violation of the FLSA’s minimum wage requirement when low-wage employees are reimbursed for their use of a personal vehicle at a reasonable rate that is...more

Fisher Phillips

Delivery Drivers Do Not Need to Be Reimbursed at the IRS Mileage Rate, per DOL Opinion

Fisher Phillips on

The U.S. Department of Labor, Wage and Hour Division (DOL) issued an Opinion Letter on August 31 concluding that, under the Fair Labor Standards Act (FLSA) and its implementing regulations, employers are permitted to...more

Littler

Department of Labor Finds IRS Standard Mileage Reimbursement Rates Not Required For Delivery Drivers

Littler on

On August 31, 2020, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued an opinion letter finding that employers of delivery drivers need not reimburse mileage at the IRS “standard” reimbursement rate....more

Payne & Fears

Key California Employment Law Cases: June 2020

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Bostock v. Clayton County, Georgia, 140 S. Ct. 1731 (2020) - Summary:  Title VII prohibits employers from discriminating against employees on the basis of sexual orientation or gender identity....more

Davis Wright Tremaine LLP

Employees Using Personal Vehicles to Service Customer Locations May be Entitled to Pay for Travel Time to and From Home

A California court recently provided helpful guidance to assist employers to determine how to pay hourly employees who travel as part of their workday. Under California law, commuting time to and from work normally does not...more

FordHarrison

"Better Ingredients, Better Pay?" – Federal Court Provides Guidance on FLSA Compliance and Reimbursement of Expenses for Pizza...

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Executive Summary: On November 5, 2019, a federal district court in Ohio issued a decision clarifying the law governing whether owners of 73 Papa John’s franchised locations violated the Fair Labor Standards Act (FLSA) by...more

Jackson Lewis P.C.

Plaintiff Succeeds In Claiming Unpaid Reimbursements For More Than 20,000 Miles

Jackson Lewis P.C. on

After a one-day bench trial, a sales representative for a security company successfully established that his employer had failed to reimburse him for mileage expenses, using only his odometer reading as the basis to calculate...more

Fisher Phillips

Tackling Employee Expense Reimbursements Under New Illinois Law

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Illinois employers are collecting receipts and preparing payments to comply with new legislation that requires employers to reimburse employees for business expenses incurred by the employee during the scope of employment....more

Maynard Nexsen

New Tax Law May Affect Mileage Reimbursement Policy for Employers

Maynard Nexsen on

Outside of potential minimum wage issues, there is no federal law requiring employers to reimburse employees who use their personal vehicles for business purposes....more

Stinson LLP

California Case is the Latest to Address Whether Worker is an Independent Contractor of Employee

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Companies in many industries – including, for example, construction, trucking, logistics, restaurants, and food service – utilize independent contractors....more

Ballard Spahr LLP

Fitting a Square Peg Into a Round Hole: Worker Classification in the Gig Economy

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In a significant decision on the status of so-called "gig economy" workers, a California federal judge recently ruled that a former GrubHub Inc. delivery driver was an independent contractor, not an employee....more

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