Although some states do, Florida does not have specific state laws that require employers to reimburse employees for expenses related to performing their jobs. However, many businesses do reimburse expenses as a show of fairness and to attract the level of talent they seek. It does not mean there is no protection and that you will be paying for your own gas if you are a pizza delivery driver, though. Federal law affords some situations in which reimbursement is mandatory.
The Fair Labor Standards Act (FLSA) is a federal law that speaks of expenses in a roundabout way. You should also consult your employee handbook or talk with your supervisor to understand what expenses might be incurred and reimbursed. Many sales jobs include reimbursement for mileage, motels, and meals when sales trips keep employees on the road for extended periods. If you have questions about how your employer handles your expenses, talk to a Tampa failure to reimburse expenses lawyer. One of our seasoned employment attorneys at Feldman Legal Group can help get you the fair reimbursement you deserve.
Reimbursement for Expenses Under Federal Law
The FLSA is concerned with wage and hour violations, including overtime, and it does address reimbursement of expenses. Under the Code of Federal Regulations § 531.35, any wages an employer owes an employee must be paid free and clear. If an employee incurs expenses for the employer’s benefit, the FLSA views it as a kickback to the employer, who would not be rendering wages free and clear. The rub is that paying expenses must cut into an employee’s overtime pay or drop regular pay below Florida’s minimum wage to amount to a claim for failing to reimburse expenses.
Examples of Expenses That Benefit the Employer
Some examples of expenses that are considered for the benefit or convenience of an employer under the Code of Fed. Reg. § 531.3(d)(2) include any construction performed by the employee and any uniforms—including their routine cleaning—when the employee is required to wear them. Other expenses that could be reimbursed include:
- The purchase of any materials expressly requested by the employer
- Mileage or gas purchases for trips required by an employer during working hours
- Depreciation of an employee’s automobile if required to use it during working hours
- The purchase of tools of an employee’s trade if expressly required by the employer
The list is not exclusive, but can include any money laid out by an employee for the employer’s benefit. Employers are not required to reimburse employees for their travel time to and from the job. Consult an experienced Tampa failure to repay expenses attorney to discuss a particular situation.
When Policy Is in Writing
Employees who negotiate a contract should ensure the company’s policy for reimbursing travel and other business expenses is clear. At will employees should read the company handbook carefully to understand what will be reimbursed and what will not. Failure to honor a reimbursement clause in a written agreement is a breach of contract and is actionable for damages in civil court without falling under the FLSA guidelines.
Filing a Complaint
Reimbursement complaints are filed locally through the federal Department of Labor Wage and Hour Division with offices in Tampa. Employees must gather corroborating evidence and submit paperwork to begin an investigation. A proactive attorney at Feldman Legal Group can assist in filing a federal complaint or a lawsuit for failure to reimburse expenses.
A Tampa Failure to Reimburse Expenses Attorney Gets You Paid
Whether your employer chiseled away at your wages by underpaying or not paying expenses you incur for their benefit, you may have recourse under federal law or a breach of contract action. It is important that you inform yourself about your employer’s policy for reimbursing expenses because Florida law does not address it.
You must file any federal complaint promptly or lose the opportunity. You may recover the expenses you were denied and, in some cases, additional damages. Battling an employer is daunting, but our skilled Tampa failure to reimburse expenses lawyer will assist you in the process after an employer fails to repay what you are owed. Get in touch today.
