California Field Employee Mileage Reimbursement Claim – Strong §2802 Case?
I work as a Field Sales Manager in an itinerant/field-based role (visiting multiple retail stores daily) in California. I’d appreciate feedback on whether I have a solid case under Labor Code §2802 before escalating.
- Company procedures require me to clock in from home (paid Travel time) before driving to the first store, perform paid admin/pre-departure tasks at home, and clock out only after returning home.
- They automatically deduct 35 miles per day as a “commute” and only reimburse the remaining miles at $0.585 per mile.
- I’ve tracked everything: ~12,800+ reimbursed miles and ~$7,488 paid so far (August 2023 – present).
- Using IRS standard rates (65.5¢ in 2023 up to 72.5¢ in 2026) + full reimbursement for the deducted home-to-first/last legs, my calculated shortfall is around $10,150 principal + ~$2,850 interest = ~$13,000 total.
I’ve made multiple good-faith attempts to resolve this internally since October 2025 with detailed emails to my manager and HR explaining the home-as-worksite issue and policy conflicts. They responded that their rate is “reasonable” and complies with §2802, but did not address the improper deductions.
I also signed a Mutual Arbitration Agreement that covers employment claims.
My main questions are as follows:
- Does this sound like a viable §2802 claim? Especially the home-as-designated-worksite + improper commute deduction angle.
- Is the arbitration agreement likely to block or significantly delay a DLSE wage claim?
- Any other advice before sending a formal demand letter and/or filing with DLSE?
I have detailed spreadsheets, all correspondence, company policies (including operational guides and handbook excerpts), and expense reports. I’m trying to handle this professionally.
Thanks in advance for any experienced insight!