I am a delivery driver for a Pizza Hut franchise in wisconsin. I am paid around 20 cents for my mileage reimbursement and read somewhere that the rate set by the state is around 50 cents. As gas prices go up my reimbursement continues to go down. I'm wondering if this is legal.
Yes. A mileage reimbursement rate for private employers, such as your Pizza Hut franchise employer, is a term or condition of employment. There is no law requiring mileage reimbursement at all for private employment. So it is a matter of agreement between the employer and employee. In a unionized workplace, this may be subject to the terms of a collective bargaining agreement. Typically, and employer will have a policy on how much it pays, if at all. If you don't like the reimbursement rate, you can try to negotiate a higher rate, accept the rate though be unhappy with it or terminate your employment relationship. If the employer is not complying with its own policy or promise to you, then it would be in breach of its agreement and you could have legal remedies for it not paying the amount promised. Bottom line is basically that you have no legal right to demand a particular rate even though the tax laws may permit deductions at a particular rate. If your reimbursed rate is less than the tax law provides, you may be able to take a partial mileage deduction on your taxes, but you should seek the advice of a tax professional to determine what, if any, deduction you can make.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline