If an employee worked between two assigned sites, can the employee get mileage reimbursement traveling between the two sites per the Fair Labor Standards Act?
There is no law that says employers have to offer mileage reimbursement. Many do because it’s a smart way to attract and retain employees. Reimbursements made at the standard IRS rate are not considered income, so they are not subject to tax. Companies also get a tax break because the reimbursement payments are a deductible business expense. Note that the key here is that the employee is travelling between two work sites – not between his/her home and place of business. IRS does allow standard expense reimbursement between two different worksites only.
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Answered by: Joseph P. Cunningham, CPA, is an associate professor at Wilson College in Chambersburg, Pa.