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Using Personal Vehicle For Work Law California In Maricopa
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Multi-State
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Maricopa
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US-002HB
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FAQ
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.
Employees who need to drive frequently for their jobs can use their personal vehicles instead of a company car. But you may be surprised to learn your company could be held liable if they act negligently and injure someone while on the job.
Business use would be that you are using your vehicle in the course of your direct employment. For example, you are a realtor and you are driving clients to homes. What you're describing is just commuting to work.
Employees who need to drive frequently for their jobs can use their personal vehicles instead of a company car. But you may be surprised to learn your company could be held liable if they act negligently and injure someone while on the job.
Workers are protected against unreasonable or unsafe obligations outside their contractual duties. Refusing to use a private vehicle can be a legally valid excuse if there is no reimbursement or the task falls outside the agreed-upon scope. If you are unsure, consult a labor rights expert.
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.
Background on Company Car Tax Rules If an employee receives an employer provided vehicle that is available for the employee's personal use, in most cases, the value of the personal use must be included in the employee's wages (unless the employee reimburses the employer for the personal use).
California Labor Code section 2802 requires employers to reimburse their employees for mileage they incur in the course of their employment. Section 2804 says that employees cannot “waive” (i.e., forfeit) their right to receive reimbursement for miles driven for work.
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 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.