Search the Law Search. So certification may not be appropriate if, for example, the employer provided an antiquated laptop computer but some employees still bought their own device because what the employer provided them was not sufficient to allow them to work effectively. For example, the employee may show that she regularly received calls and responded to emails outside of normal business hours using her smart phone. Section 2802 of the California Labor Code requires employers to reimburse their employees for the reasonable and "necessary" expenses they incur in direct consequence of discharging their job duties. Self-auditing and calculating mileage and reimbursement in accordance with the California Labor Code 2802 should be easy. The California Labor Commissioner is the Chief of the Division of Labor Standards Enforcement (the DLSE). This law states that employers should reimburse employees for each and every expense that they incur throughout the course of doing business. For example, an employee that prints business documents from their home office for convivence, rather than necessity, is not entitled to reimbursement. money thanks to August 27, 2014). The California Labor Code – and, consequently, Section 2802 – only applies to employees. Cal. (a) An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying the directions, believed them to be unlawful. To this end, the court would ask what it would have cost the employer to provide the employee with the ability to work remotely to the employer’s satisfaction. California Employment law requires employers to reimburse employees for all “necessary” expenses they incur while performing their jobs. DIVISION 2. 2800.1. The statute merely requires California employers to indemnify their employees. Labor Code section 2802 codifies this policy. This is easily done with searching on For example, if an employee used 1,000 cell phone minutes in a month and 250 of those minutes were to make calls for their employer and the other 750 were personal, then the employer would be required to reimburse 25% of the total cell phone bill (assuming the total amount of the bill was “reasonable”). Aguilar described this threshold as the employer’s cost to make other arrangements. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.5] ( Division 2 enacted by Stats. are on Did you know that California Labor Code Section 2802 requires employers to reimburse employees for any necessary expenses the employees incur while doing their jobs? Read this complete California Code, Labor Code - LAB § 2802 on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system . When you click to the button Get Link Coupon, the raw link will appear and you will know what website you will visit to get the discounts. And now that many employees are using their home internet, the business portion of their internet bill is reimbursable, even if they would have had a home internet plan before. In other words, the trial court interpreted Labor Code § 2802 to require that the employee show that she incurred some marginal cost as a result of the employer’s remote work requirement (i.e. The purpose of this statute is "to prevent employers from passing their operating expenses on to their employees." Rules of Thumb Regarding Class Certification for Remote-Work Reimbursement, Like remote work itself, class actions concerning remote-work reimbursement are relatively nascent. If you have employees receiving a car allowance or even a mileage reimbursement you could be exposed. 13-cv-00563 WHO, 2014 WL 4245988 (N.D. Cal. [1] But what if an employee’s work-related activities do not actually generate any expense in addition to that which the employee would have normally incurred otherwise? Given that the statute provides for attorneys’ fees and interest, employers would be wise to err on the side of providing sufficient reimbursement. Necessary expenditures or losses include all reasonable costs. Let us notify you when fresh coupons are found. California Labor Code section 2802 requires employers to reimburse employees, “for all necessary expenditures or losses incurred by the employee” while completing work duties. Once the category of expenses is established, the degree or amount to which these expenses were incurred concern damages, not liability.”[xi], Why Remote Work Necessarily Allows an Employer to Pass on Operating Expenses. [i] See, e.g. In particular, the parties can reference historical pricing data concerning minimally sufficient phone and internet services. An employer shall in all cases take reasonable and necessary precautions to safeguard musical instruments and equipment, belonging to an employed … One approach is to require the employer to bear all expenses up to a given floor. The information presented is not legal advice, is not to be acted on as such, may not be current and is subject to change without notice. California Labor Code § 2802. Thus, any agreement made by an employee to waive their right to reimbursement is void. Dec 21, 2020 Reimbursement is required under California Labor Code Section 2802, so California employees working from home should be cautious claiming safe harbor deductions if they have any expense allowance or reimbursement arrangement with their employer (as defined by § 1.62-2). Requests to quickly edit and re-send documents using her home internet access for use! [ see CCP Sec compensation for basic work-from-home expenses cost him per.! 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