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Using Personal Vehicle For Work Law California In Houston
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Houston
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US-002HB
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FAQ
Driving a personal auto in lieu of a company-owned vehicle may seem to minimize an employer's liability, but companies can be held partially liable for damages in the event of an accident, and if an insurer discovers the individual was driving for business, it may take action against the employer for subrogation ...
Yes, your employer can require you to use your own vehicle, but they have to reimburse you for all costs associated with travel, from tolls to mileage, to increased insurance. Since your employer is only paying mileage one-way, they may (probably are) violating Labor Code section 2802.
Since it is your car, unless it is written in your employment contract, they do not legally have the right to. They could possibly terminate your employment should you refuse to. Check your contract/employee handbook.
Examples of driving a company vehicle for personal use include: Your employee's commute between home and work, if it is on a regular basis. Trips unrelated to your organization's purpose, work, trade, etc. Use on a vacation or on the weekend.
If you use your own vehicle for both business and personal reasons, you must keep track of your car expenses and deduct only the portion used for work. If this is how you use your vehicle, your deduction for your car is based on the business percentage of mileage used for self-employment.
Since it is your car, unless it is written in your employment contract, they do not legally have the right to. They could possibly terminate your employment should you refuse to. Check your contract/employee handbook.
Personal Vehicles California employers may have limited rights to search an employee's personal vehicle if it is parked on company property. However, this must be done cautiously, and policies regarding vehicle searches should be clearly communicated to employees.
The law generally states that employers must have a reasonable basis for a search, and the search must be confined to non-personal items. Searches of personal items, like handbags, generally cannot be searched unless the employer has a valid reason to do so.
This means that it's legal to track employees using GPS as long as they consent to it. This includes their location and hours worked. Under California law, employers are also required to track the hours worked by their employees.
Personal driving is any driving of a motor vehicle provided by the employer for purposes not related to their employment. This includes driving between home to a regular place of employment. The CRA considers a regular place of employment to be any location where your employee regularly: Reports for work.