New pay policy leaves bus driver running on fumes

DEAR CARRIE: I have been driving a bus for a local community center for 10 years. I am paid "by the run," meaning that my earnings depend on how many runs I do a day. And I have finally worked my way up to an average of eight runs a day. In the meantime, the boss has just informed us drivers that we will now receive an hourly wage instead of pay based on the number of runs. This switch will mean a significant pay cut for doing the same work. Is this legal? -- Shifting Gears

DEAR SHIFTING: That's a bitter pill to swallow when you're asked to do the same amount of work for substantially less pay. But it's legal as long as a company isn't violating a union contract or other employment agreement and as long as you earn at least $8.75 an hour, the minimum wage in New York State.

Additionally, for the switch to be legal, you have to be paid the per-run rate for all the hours you worked under the old policy. The company can, however, change the rules going forward, again, unless a union contract says otherwise.

If the new policy is tantamount to a wage reduction, your employer must give you a heads-up. Here is what the state Labor Department website says:

"For any reduction of wage rate, an employee must be notified in writing prior to the reduction being implemented."

DEAR CARRIE: I use my own car to travel on the job. My employer pays the standard 56 cents a mile. Every few years the company notifies us of a change in the mileage reimbursement policy. Now the company is reimbursing the route that MapQuest computes from point A to point B. But in the real world I encounter traffic or construction, and I often take other routes to arrive on time. This adds mileage to the trip. Still, my employer won't pay anything over the MapQuest mileage. Is this the way it should be done? If so, can I claim the excess mileage I've driven over the year on my taxes? -- Frustrated Driver

DEAR FRUSTRATED: For starters, the IRS 2015 mileage rate used to calculate the cost of operating a car for business is 57.5 cents a mile. So you can probably claim on your taxes the difference between what your company pays and what the IRS allows.

It's worth mentioning that employer mileage reimbursement programs aren't mandated by law. So companies can determine the rules for them. But when the reimbursements fall short of what is allowed, you may have the option of claiming the difference on your taxes.

DEAR CARRIE: I work from 1 p.m. to 4 p.m., five days a week. Does my employer have the right to cut my hours if we are not busy, considering that I am scheduled a week in advance for those hours? -- Fewer Hours

DEAR FEWER: Yes, your employer has the right to determine how many hours you work, unless a union contract says otherwise. Absent that, the company can legally reduce your workweek when business is slow. That said, your employer has to pay you for all the hours you work and has to pay you at least the minimum wage.

FOR MORE: On mileage reimbursement, click here, or go to bit.ly/LImiles.