California law in this area differs from federal law. In accordance with State Policy (S.A.M. If sickness occurs during a business trip that requires the use of a company car, employees should take regular breaks while driving or ask HR for overnight accommodations, if needed. Personal Vehicles. Here are are a few suggestions for drafting vehicle policies that meet your needs: Be restrictive, but practical, about use of your vehicles. Employees are not allowed to: Smoke inside of a company car. In order for GPS tracking of employees to meet this standard, employees would need to have a reasonable expectation of privacy regarding their location that is intruded upon in a “highly offensive” manner. Employers may use the cents-per-mile method if the employer reasonably expects the vehicle to be regularly used by employees in the employer’s trade or business throughout the year (or such shorter period as the vehicle may be owned or leased by the employer), or the vehicle is at least driven 10,000 miles. However, as many employment-related laws are, things can be … California vehicle mileage reimbursement law is one such category designed to handle this issue, particularly seeing as usage of a personal vehicle is one of the largest categories of expense that people incur on their jobs. Most employers use a set monthly car allowance, a cents-per-mile reimbursement, or some variation on these standard approaches. Although the company does not own the vehicle, the fact that the employee is operating the vehicle for business purposes puts the company at risk for non-owned auto liability. 0753 & 0754) approval is requested to use privately owned vehicles to conduct official State business. Drafting a vehicle policy is the best way to set and communicate the rules regarding employees' use of vehicles. Deductible car expenses may include: travel from one workplace to another, business trips to visit customers/attend business meetings away from your regular workplace, or travel to temporary workplaces. Any time an employee operates his or her own vehicle for company business, it is considered to be a “non-owned auto” exposure for the company. DEAR CARRIE: If an employee gets a ticket or a violation while driving a company vehicle and the company has no written policy in place, nor any signed acknowledgment from the employee in … I hereby certify that, whenever I drive a privately owned vehicle on State business, I will have a valid driver's license and proof of liability insurance The employer provides the vehicle to the employee for use in the employer’s trade or business. If your organization pays a cents-per-mile reimbursement or is considering switching to one, check out our definitive guide: Arguably, employees should not have an expectation of privacy when using company-owned vehicles during business hours or for work purposes. The court explained that employers are only required to pay for employee’s commute time in company provided vehicles if it is required. These employees should be compensated for the business use of their personal vehicle. 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