Pennsylvania Florida Thus, to be in compliance with section 2802, the employer must pay some reasonable percentage of the employee’s cell phone bill. Reimbursement of employee cell phone expenses is governed by California Labor Code Section 2802, which provides: 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 . III - Judicial The penalty amounts and procedures applicable to “expenses” are set forth in Labor Code Section 1197.1. Fortunately, for California employers, the answer appears to be a clear "no." Labor Code section 2802 requires employers to reimburse employees for "all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties." ↥ Labor Code, § 98, subd. While this section does not specifically require employers to defend employees sued by third parties for conduct within the scope of employment, an employee's legal costs in defending such an action may be considered necessary under section 2802… That includes expenses you might incur while working from home. 2015, Ch. ), Alabama Arizona (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. (b) All awards made by a court or by the Division of Labor Standards Enforcement for reimbursement of necessary expenditures under this section shall carry interest at the same rate as judgments in civil actions. Employers that do not closely abided by this law suffer the consequences. Lab. California Oakland, Labor Code, § 2802. Use this page to navigate to all sections within Labor Code. Site Map, In California, an employee is entitled to be reimbursed by his or her employer “for all the necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties…”. While the law is unclear and risk remains, it may be acceptable to reimburse home-bound employees only for a reasonable percentage of their home internet expenses, not the entire bill. Who is submitting the receipt? The Cochran court determined that Labor Code section 2802 included an employer’s obligation to reimburse an employee whenever the employee uses his/her cell phone for work related duties. Indiana Types of Expenses California Labor Code § 2802 (“Section 2802”) requires employers to reimburse California employees for “ all necessary business expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties. In addition, the Labor Commissioner may seek to recover civil penalties against an employer that fails to reimburse its employees for necessary business expenses. 2802. Fraudulent Concealment of Injury - Essential Factual Elements (Lab. Sec. Blog | California Labor Code Section 2802. Michigan [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? Posted in Best Practices For California Employers, Expense Reimbursement. Necessary expenditures include any attorney fees or costs incurred by employees to recoup … California Labor Code section 2802 requires employers to reimburse employees, “for all necessary expenditures or losses incurred by the employee” while completing work duties. California Labor Code § 2802. (Amended by Stats. Los Angeles Law Office Map, Dolan Law Firm PC Labor Code section 2802 codifies this policy. The court of appeal explained that if an employee is required to make work-related calls on a personal cell phone, then he or she is incurring an expense for purposes of Labor Code Section 2802. Code § 2802(a). Section 2802 of the California Labor Code requires employers to reimburse their employees for any “necessary expenditures or losses” that they incur as a direct result of doing their job. Oakland, 2802. 783, Sec. All rights reserved. CA Labor Code § 2802 (2017) (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. California Labor Code section 2802(a) states: 2802. San Francisco Law Office Map, Dolan Law Firm PC Labor Code Section 2802. The code ensures that “ An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of … California Labor Code § 2802. (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. The duty to indemnify is not, however, a duty to defend. 4. California Expense Reimbursement Law Does Not Allow Employees To Waive Their Rights. Labor Code Section 2802 Requires Employers To Indemnify Employees. CA 2802 California Labor Code section 2802 has been around for a long time (since 1937, to be exact). If you are an employee in California, the good news is that there is a specific law in the Labor Code to protect you in these situations. Employees' Business Use Of Personal Property. Art. By Terry O'Connor Labor Code § 2802 requires California employers to reimburse employees for all necessary expenditures incurred in the performance of their duties. This law states that employers should reimburse employees for each and every expense that they incur throughout the course of doing business. Subscribe to Labor Code Section 2802. California Labor Code section 2802 obligates employers to reimburse employees for “all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, …” The Cochran decision posed, and answered, the “threshold question” presented on appeal as follows: The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the commissioner shall be the same as those set forth in Section 1197.1. 415-421-2800 2005 California Labor Code Sections 2800-2810 Article 2. Labor Code Section 2802 Travel Expense Reimbursements Title 8 of the California Code of Regulations Sections 13700 through 13706 Notice of Proposed Rulemaking, Title 8 of the California Code of Regulations, Sections 13700 through 13706 Obligations of Employer ... or regulation, shall exempt the employer from any provisions of this section. The general reimbursement statute of the California Labor Code is Section 2802. . California Labor Code § 2802. California Labor Code section 2802 requires employers to indemnify employees for all "necessary expenditures" incurred in carrying out their duties. Section 2802 (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. Section 2802 operates to prevent an employer from passing its … Disclaimer | California employers, thus, must indemnify employees if their conduct falls within the scope of employment. Washington, US Supreme Court The general reimbursement statute of the California Labor Code is Section 2802. Labor Code 2802 In California, an employee is entitled to be reimbursed by his or her employer “for all the necessary expenditures or losses incurred by the employee in direct consequence of … CA San Francisco, Interest shall accrue from the date on which the employee incurred the necessary expenditure or loss. 94612 Section 2802 operates to prevent an employer from passing its … Labor Code Section 2802. In fact, employees throughout California may be owed significant compensation for basic work-from-home expenses. CA CA . In California, an employee is entitled to be reimbursed by his or her employer “for all the necessary expenditures or losses incurred by the employee in direct consequence of … California law requires that your employer compensate and reimburse you for all necessary business expenses within the scope of your employment. Labor Code § 2802(c) states “all reasonable costs” are “necessary expenditures” subject to reimbursement. While this section does not specifically require employers to defend employees sued by third parties for conduct within the scope of employment, an employee's legal costs in defending such an action may be considered necessary under section 2802… Whether the employees have cell phone plans with unlimited minutes or limited minutes, the reimbursement owed is a reasonable percentage of their cell phone bills. 94102 90017 2005 California Labor Code Sections 2800-2810 Article 2. In general, employers must reimburse the cost of uniforms, travel expenses, tools and equipment required for the job. New York Nevada Costs of doing business in California. Employers do not need to provide reimbursement for expenses incurred by independent contractors. The code ensures that “ An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of … 335 through 349.5] while the recovery of a penalty generally has a one-year statute of limitations. A California Court of Appeal recently determined that Labor Code section 2802 does not require an employer to reimburse an employee for attorney’s fees incurred in the employee’s successful defense of the employer’s action against that employee. 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