Engineer Can’t Expect Firm to Pay License Fee
Q If an engineer is required to have a license for his work, is his employer obligated to pay the state license fee?
--R.B., Santa Monica
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A Generally, an employer must pay for normal costs and expenses that employees incurred in performing their work duties. This might include reimbursement for travel costs, expenses of meals with customers, or the purchase of various supplies for business purposes.
If an employer requires an employee to have certain tools and equipment to perform the job, the employer must provide and maintain them.
However, any employee who is paid more than twice the minimum wage may be required to provide and maintain his or her own tools and equipment customarily required by that particular trade.
Presumably an engineer is paid more than twice the minimum wage, and in all likelihood would have to be responsible for any license fee necessary for performing the work.
And since the employer probably hired a licensed engineer, not an unlicensed one, this might be comparable to the situation in which an employee occasionally has to drive a car for the employer and might need a driver’s license. The employee would be expected to pay his own fees on an annual basis.
--Don D. Sessions
Employee rights attorney
Mission Viejo
Longer Commute Does Not Mean Extra Pay
Q I am a salaried employee for a company 10 minutes from my home. I have recently received an assignment to a site that requires a round-trip commute of more than two hours daily.
Is my company required to pay me anything additional for the added commute time? Also, the company will reimburse me only the direct cost of gas, rather than the mileage reimbursement allowed by the Internal Revenue Service. Is that legal?
--D.F., Los Angeles
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A As an exempt employee, you can be required to work anywhere your employer requires, even two hours away from your normal workplace, without extra compensation.
Your claim for reimbursement of automobile expenses is different. An employer must reimburse expenses necessarily incurred in an employee’s performance of job duties or other actions directed by the employer. Because your employer required you to report to work two hours away, your employer must pay you the actual costs that you incurred in using your car for this business purpose, even if that amount exceeds the IRS mileage reimbursement rate.
--Joseph L. Paller Jr.
Union, employee attorney
Gilbert & Sackman
Boss Should Show He Values Good Employee
Q I am facing a dilemma regarding a hard-working, very knowledgeable employee who recently gave birth to a child and wants to work a different schedule than the rest of the staff to maintain full-time status and keep her benefits.
She has asked to work from noon to 8 p.m. because her husband is home and can take care of the baby during those hours. But the rest of the staff leaves work at 5 p.m., which would limit the number of projects that she can work on during those later hours.
How do you recommend I deal with this employee?
--K.H., Arcadia
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A You first need to consider whether it is feasible to have this valuable employee working separately from the work team for three hours each day. For instance, does a substantial portion of her job involve solitary work?
If the alternative work schedule is possible, consult with her about the arrangement. Even if you conclude that the alternative schedule will not work, discuss other arrangements with her, such as child care.
Making an effort to solve the problem will demonstrate your commitment and show that you appreciate her.
--Ron Riggio, director
Kravis Leadership Institute
Claremont McKenna College
If you have a question about an on-the-job situation, please mail it to Shop Talk, Los Angeles Times, P.O. Box 2008, Costa Mesa, CA 92626; dictate it to (714) 966-7873, or e-mail it to shoptalk@latimes.com. Include your initials and hometown. The Shop Talk column is designed to answer questions of general interest. It should not be construed as legal advice.
