labor code section 2802 cell phone

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. This website uses cookies to collect certain information about your browsing session. The employee knew that his employer had a policy of reimbursing business-related expenses, yet he did not submit any reimbursement requests. Questions of necessity are common around the use of cell phones and other technology in the workplace. Generally, expenses are not reimbursable when the employer does not know, or have reason to know, that the employee has incurred the expense. It does not specify what amounts are specifically necessary. Reimbursement of Employee Expenses California’s Labor Code Section 2802 normally requires employers to reimburse employees for “reasonable” and “necessary” expenses incurred while performing their job duties. Expenses incurred in connection with training or licenses that are required by law may be passed on to employee. Analysis and Development in Employment & Labor Issues. Read this complete California Code, Labor Code - LAB § 2803 on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system . Under Cochran, an employer cannot defend a 2802 action related to use of a cell phone on the basis that the employee would have bought a cell phone even if she was not required to use it for work. We represent clients in all industries, but have particular experience in retail, hospitality, financial, energy and health care. By Anthony Zaller on March 6, 2015. In Cochran v. Schwan’s Home Service, Inc., the California Court of Appeal ruled unequivocally that an employer must cover the cost of an employee’s work-related cell phone calls. The California Labor Code – and, consequently, Section 2802 – only … Labor Code § 2802 Reimbursement Claim Elements. The California Labor Code – and, consequently, Section 2802 – only applies to employees. 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 . . The court found the shoes were not reimbursable because they were not part of a uniform and were “generally usable in the restaurant occupation.”. No. Personal cell phones at work: Five lessons employers should take away about expense reimbursement set forth in Cochran v. Schwan’s Home Services. According to the California Supreme Court, whether an expense is “necessary” under Section 2802 depends on the reasonableness of the employee’s choices. California Labor Code § 2802. We hold that when employees must use their personal cell phones for work-related calls, Labor Code section 2802 1 requires the employer to reimburse them. .” 90. ) The new Illinois law mirrors key language in California Labor Code Section 2802, California's expense reimbursement law. Code: Article: ... Labor Code - LAB. . Case results depend upon a variety of factors unique to each case. California Labor Code § 2802. Our labor and employment team has been active for over 70 years representing employers in all matters related to the employer/employee relationship. Employers do not need to provide reimbursement for expenses incurred by independent contractors. she purchased more minutes for her cell phone) before the employer would be liable under the statute. ABM Industries, a janitorial service provider, recently agreed to a $5.4 million dollar proposed settlement in Marley Castro, et al. Employers should take adequate steps to accurately ascertain what level of reimbursement is reasonable for their employees. DIVISION 3. The plaintiff in Cochran filed a class action on behalf of customer service managers employed by Schwan’s, seeking reimbursement under Labor Code section 2802 for expenses pertaining to the work-related use of their personal cell phones. The court granted summary judgment in favor of the employer, because, under the facts of that particular case, the employer did not know or have reason to know the employee incurred those expenses. No Exceptions: Employers Must Always Reasonably Reimburse Employees’ On-the-Job Use of Personal Cell Phones (California) Section 2802 of the California Labor Code requires employers to reimburse their employees for any “necessary expenditures or losses” that … California Labor Code Section 2802 requires employers to reimburse California employees for “all necessary business expenditures or losses incurred … To be reimbursable, an expense must be necessary to the performance of an employee’s job duties or to comply with the employer’s instructions. We hold that when employees must use their personal cell phones for work-related calls, Labor Code section 2802 1 requires the employer to reimburse them. The Court of Appeal rejected this sort of “but for” causation test. . While these standards don't apply in every state or country, employers should be aware of the standards currently being enforced in California, because history tells us that most U.S. states that favor the employee will be following suit. Labor code section 2802. “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 section 2802 . [R]eimbursement is always required. No Exceptions: Employers Must Always Reasonably Reimburse Employees’ On-the-Job Use of Personal Cell Phones (California), Highlights from the SHLC September California/Nevada Employer Webinars, Selected Highlights from the SHLC August 6th California/Nevada Employer Webinar, Harassment Prevention and Anti-Bullying Training for Supervisors/Managers, Mandatory 1-Hour Harassment Prevention Training for Non-Managers/Non-Supervisors, Employee Handbooks and Workplace Policies, Management Training and Educational Programs. California Labor Code Section 2802 states an employer shall indemnify his/her employee for all necessary expenditures or losses incurred by the employee in the direct consequence of the discharge of his/her duties. Here’s a list of Five Things to Remember About Employee Reimbursements to help California employers navigate this area of the law. The general reimbursement statute of the California Labor Code is Section 2802. California employers should regularly review their policies and practices to ensure compliance with Labor Code Section 2802. Necessary expenditures or losses include all reasonable costs. In other words, "reimbursement is always required." Thus, the court held that to be in compliance with Labor Code section 2802, “the employer must pay some reasonable percentage of the employee’s cell phone bill” if the employee uses a personal cell phone for work purposes. The trial court denied Cochran’s motion for class certification because he failed to demonstrate commonality and superiority. Citing Section 2802, plaintiffs' attorneys have aggressively pursued claims against California employers for failure to reimburse various employee expenses, including home internet and cell phone … To prevail on a failure to reimburse claim, California employees … 1937, Ch. The penalty amounts and procedures applicable to “expenses” are set forth in Labor Code Section 1197.1. In Cochran v. Schwan’s Home Service, Inc.,[2] a customer service manager sued his employer on behalf of a class of 1,500 similarly situated employees, alleging the employer’s failure to reimburse class members for the work-related use of their personal cell phones. “We hold that when employees must use their personal cell phones for work-related calls, Labor Code section 2802 requires the employer to reimburse them. As long as these basic wardrobe items are “usual and generally usable in the occupation,” they are not reimbursable. California’s Division of Labor Standards Enforcement has taken the position that employee licenses are not the type of costs that need to be reimbursed under Section 2802 where the licenses are required by a statute or ordinance. reimbursement for easily overlooked expenses, including cell phone expenses, home office expenses, car allowances, and mileage reimbursements that are lower than the IRS rate. Reimbursement issues can depend on the circumstances of a particular workplace. Labor Code section 2802, subdivision (a) requires: "[a]n 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…." . California’s Labor Code Section 2802 normally requires employers to reimburse employees for “reasonable” and “necessary” expenses incurred while performing their job duties. Thats why many forward-thinking companies are now adopting bring-your-own-device (BYOD) policies that allow employees to work on their personal laptops, tablets and smartphones instead of on company-issued equipment. By collecting this information, we learn how to best tailor this site to our visitors. For more detailed codes research information, including annotations and citations, please visit Westlaw . 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 . California Labor Code section 2802 requires an employer to reimburse its employees for expenses they necessarily incur in the discharge of their duties. In one California case, an employee claimed that he frequently ran work-related errands in his car, but he was not reimbursed for his mileage. California Labor Code § 2802: Employers’ Duty to Reimburse. Based on this interpretation of section 2802, the Cochran court found the trial court erred when it determined that the obligation to reimburse would depend on (1) whether the employee had a plan allowing unlimited use; and (2) whether the employee or a family member paid the bill. The California Labor Code requires employers to reimburse employees for certain expenses, but it’s not always clear which expenses should be reimbursed by the employer, and which expenses should be borne by employees. Refreshed: 2018-05-15 A Pasadena Employment Law Firm Committed to Helping Workers Thus, the first step of any Section 2802 analysis is to ask who is submitting the request. . The general reimbursement statute of the California Labor Code is Section 2802. Under section 2802 of the California Labor Code, “[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.” Cal. Labor & Emp't Rev. B247160, that California Labor Code Section 2802 requires employers to reimburse their employees for work-related use of personal cellphones and other personal electronic devices, stating: “We hold that when employees must use their personal cellphones for work-related calls, Labor Code section 2802 requires the employer to reimburse them. For a detailed description of each code, please refer to the Classification Manual. v. ABM Industries, Inc., a class action involving a California class of over 3,000 cleaning employees who claim that they were not reimbursed under Labor Code section 2802 for the expense of required use of their personal cellphones. We are also particularly adept at providing strategic labor advice, handling complex NLRB matters, corporate and election campaigns. Recently, the California Court of Appeal, Second District concluded in Cochran v.Schwan Home Service, Inc. that when employees must use their personal cell phones for work-related calls, California Labor Code section 2802 requires they be reimbursed by their employer. App. Obligations of Employer [2800 - 2810.7] ( Article 2 enacted by Stats. The Court held that “when employees use their personal cellular phones for work-related calls,” California law (i.e., Labor Code Section 2802) “requires an employer to reimburse them.” March 2015, Volume 29, No. An employee survey, inquiring into how much employees pay per month for their service plans and what percentage of their cell phone usage is work-related, can be an effective way of finding the right number. To see the importance of the ruling in Cochran, consider an employee who purchases a smart phone or a computer or pays monthly fees for a minute plan, a data plan, or home internet access. Citing Section 2802, plaintiffs' attorneys have aggressively pursued claims against California employers for failure to reimburse various employee expenses, including home internet and cell phone costs. 1937, Ch. Labor code section 2802 requires employers to indemnify employees. Section 2802 liberally applies to many expenses that employees may be required to incur to perform their jobs, including vehicle expenses, travel expenses, and cell phone and internet plans. Labor Code Section 2802 Requires Employers To Indemnify Employees. This article addresses when and to what extent Labor Code § 2802 requires that employees be reimbursed for these sorts of remote-work expenses. As an alternative, employers may also consider avoiding the reimbursement issue altogether by providing company-issued cell phones which employees will be required to use for all business purposes. Required cell phone use has also become more common. Employers do not need to provide reimbursement for expenses incurred by independent contractors. California Labor Code section 2802 requires employers to reimburse employees, “for all necessary expenditures or losses incurred by the employee” while completing work duties. Employees must have cell phones with data plans, home internet access and a laptop or similar device in order to meet these demands. However, in an unambiguous opinion issued on Tuesday, August 12, the Second District Court of Appeal held that employers must reimburse all the work-related personal cell phone use of their employees, regardless of the employees’ individual arrangements vis-à-vis the selection, terms, or payment of personal cell phone plans. However, we also litigate in federal and state courts throughout the nation. For instance, if you bus tables in a restaurant, you may be told to wear a white shirt, dark pants, and black slip-resistant shoes. must have cell phones with data plans, home internet access, and a laptop or similar device in order to meet these demands. For example, if an employee is required to use her personal cell phone for business purposes, but her cell phone plan provides for unlimited data and calling, there is arguably no additional expenditure incurred as a result of the work-related use. reimbursement for easily overlooked expenses, including cell phone expenses, home office expenses, car allowances, and mileage reimbursements that are lower than the IRS rate. The general reimbursement statute of the California Labor Code is Section 2802. California Labor Code Section 2802 states an employer shall indemnify his/her employee for all necessary expenditures or losses incurred by the employee in the direct consequence of the discharge of his/her duties. Please use the search field below for any keywords in the desired classification. 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. Although the Cochrancourt only considered phone calls made on personal cell phones, employer’s increasing reliance on smart phone’s sophisticated data-consuming capabilities, such as mandating the use of employer applications, are also covered under Labor Code section 2802. It does not specify what amounts are specifically necessary. If the employee’s roommate demands payment from the employer for the increased electric bill, the employer would not be obligated to honor that demand: The roommate is not the employee. Instead, it held that when an employee “must” use his personal cell phone for work-related calls, the employer … For example, employers requiring employees to clock in and out on a cell phone app must either provide a cell phone … By Anthony Zaller on April 24, 2015. Copyright 2020 | Sutton Hague Law Corporation | Site designed by Ball Design | ADVERTISEMENT. Lab. We work with government agencies such as EEOC, OSHA and the OFCCP, and, where our clients already have represented employees, labor unions, to negotiate beneficial outcomes. For instance, police officers have been required to reimburse their employers for the cost of peace officer training mandated by law. ABM Industries, a janitorial service provider, recently agreed to a $5.4 million dollar proposed settlement in Marley Castro, et al. In fact, employees throughout California may be owed significant compensation for basic work-from-home expenses. If the employer does not require the use of cell phones and provides alternatives, then the employee’s use of her cell phone is likely unnecessary—and not reimbursable—under Section 2802. As with most employment-related violations in California, the penalties for failure to comply with section 2802 can be severe. Questions of necessity are common around the use of cell phones and other technology in the workplace. For more detailed codes research information, including annotations and citations, please visit Westlaw . Where the use of equipment is … Section 2802 requires employers to indemnify employees for “all necessary expenditures or losses incurred by the … Because the trial court relied on erroneous legal assumptions … The court held that Labor Code Section 2802 requires an employer to reimburse an employee who uses his or her personal cell phone for work-related calls. v. ABM Industries, Inc., a class action involving a California class of over 3,000 cleaning employees who claim that they were not reimbursed under Labor Code section 2802 for the expense of required use of their personal cellphones. Cochran illustrates the trend of California courts in broadly applying Labor Code section 2802. EMPLOYMENT RELATIONS [2700 - 3100] ( Division 3 enacted by Stats. Code Section Code Section. Labor Code Section 2802 requires an employer to “indemnify his or her employee for all necessary expenditures or losses Labor Code Section 2802. A statutory duty generally has a three-year statute of limitations, [See CCP Sec. Schwan Home Service, Inc. that when employees must use their personal cell phones for work-related calls, California Labor Code section 2802 requires they be reimbursed by their employer. The most common examples are mileage, travel, and dining expenses. The law is intended to prevent employers from passing on their operating expenses to their employees. 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. 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.” (Cochran v. Schwan's Home Services, Inc. (2014) 228 Cal. Under California Labor Code section 2802, an employer is required to 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.” This includes reimbursement for mileage (if the employee is required to drive for work), gas, cell phone bills, and believe it or not, lawsuits. California Labor Code section 2802 requires employers to reimburse employees, “for all necessary expenditures or losses incurred by the employee” while completing work duties. The court stated that section 2802 requires that the employer should pay some “reasonable percentage” of the employees’ cell phone plans when the cell phone is required for work. Therefore, regardless of whether an employee has a limited or unlimited cell phone plan, the employer’s obligation is the same: “The reimbursement owed is a reasonable percentage of [the employees’] cell phone bills.” Employers have a duty to determine what that reasonable percentage is, and to reimburse their employees accordingly. The Second District Court of Appeal held: “To show liability under section 2802, an employee need only show that he or she was required to use a personal cell phone to make work-related calls, and he or she was not reimbursed.” The appellate court observed that the purpose of section 2802 is “to prevent employers from passing their operating expenses on to their employers.”[3] Therefore, the issues raised by the trial court—the type of service plan the employee has, who pays for the plan, and whether the employee changed plans because of his job—are irrelevant. That includes expenses you might incur while working from home. Under California Labor Code Section 2802 and court decisions in Gattuso v. Harte-Hanks Shoppers, Inc., 42 Cal.4th 554 (2007) and Cochran v. Schwan’s Home Service, Inc., 228 Cal.App.4th 1137 (2014), employers are required to reimburse employees for all “necessary” and “reasonable” expenses. Case results do not guarantee or predict a similar result in any future case. Among the items that may require reimbursement in California are office supplies, uniform costs, travel expenses, and mandatory … Division 3, Employment Relations; Chapter 2, Employer and Employee; Article 2, Obligations of Employer; Section 2802. 1937, Ch. Take, for example, a sales associate who pulls out her cell phone on the sales floor to look up information for a customer because it is more convenient than using the employer’s computers on the sales floor. Unless otherwise noted, attorneys not certified by the Texas Board of Legal Specialization. … … Please enable JavaScript to view this website. The reimbursement owed is a reasonable percentage of the phone bill. 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. 335 through 349.5] while the recovery of a penalty generally has a one-year statute of limitations. Code § 2802(a). This class code lookup guide is to be used as an aid in determining the proper classification for a given operation. For instance, in Townley v. BJ’s Restaurants, Inc., a restaurant required its employees to wear black, slip-resistant shoes, but the restaurant did not specify a brand, style, or design, and the employees could wear the shoes outside of work. Licensure expenses are treated the same way. To learn more, view our Cookies Policy. B247160, filed 8/12/2014), the California Court of Appeal, Second Appellate District, unequivocally held that under California Labor Code section 2802, an employer must always reimburse an employee for the reasonable expense of mandatory use of a personal cell phone. ARTICLE 2. Not … Otherwise, the employer would receive a windfall because it would be passing its operating expenses on to the employee.”. . 90. ) For instance, where it is mandatory for employees to use their personal cell phones for work, generally they must be compensated for a reasonable percentage of their phone plans. 90. ) This section reads, in relevant part: “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.”, Many jobs have general dress codes that are not quite uniforms. The State of California has led the way in defining what employers are required to do when asking officers to bring their personal phones to work. Cochran sought damages for violation of California Labor Code Section 2802 (requiring employers to indemnify employees for all “necessary expenditures” incurred in carrying out their job duties). 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. This article addresses when and to what extent California Labor Code section 2802 requires that employers reimburse employees for these sorts of remote- work expenses. These days, most employers cant keep pace with technology as nimbly as their workforce can. The new Illinois law mirrors key language in California Labor Code Section 2802, California's expense reimbursement law. Necessary expenditures or losses include all reasonable costs. Content . This article addresses when and to what extent California Labor Code section 2802 requires that employers reimburse employees for these sorts of remote-work expenses. Id. The court held that the details about each employee’s cell phone plan do not determine liability. Employees must have cell phones with data plans, home internet access, and a laptop or similar device in order to meet these demands. Home; Attorneys; Practice … Labor Code section 2802 requires an employer to “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 . Id. Under California Labor Code Section 2802 and court decisions in Gattuso v. Harte-Hanks Shoppers, Inc., 42 Cal.4th 554 (2007) and Cochran v. Schwan’s Home Service, Inc., 228 Cal.App.4th 1137 (2014), employers are required to reimburse employees for all “necessary” and “reasonable” expenses. Policies and practices to ensure compliance with Labor Code Section 2802 any future case to about! Of Legal Specialization their employers for the cost of peace officer training mandated by law and. Given operation by law may be owed significant compensation for basic work-from-home expenses requires that reimburse... In Labor Code – and, consequently, Section 2802, all business use a... This website uses cookies to collect certain information about your browsing session phone --! See CCP Sec fact, employees throughout California may be passed on to the classification.! Nimbly as their workforce can these demands under the statute as an aid in determining proper. Prompt, cost-effective, team-based service incur in the workplace California courts broadly., including annotations and citations, please visit Westlaw article:... Labor Code is Section 2802 that... Agreed to a $ 5.4 million dollar proposed settlement in Marley Castro et... 349.5 ] while the recovery of a particular workplace adept at providing strategic Labor advice, handling complex matters... Phones with data plans, home internet access, and dining expenses failed to commonality... Designed by Ball Design | ADVERTISEMENT a detailed description of each Code, please refer to the employer/employee relationship for! ” are set forth in Labor Code Section 2802, California 's expense reimbursement.. Discharge of their duties basic work-from-home expenses 's expense reimbursement law the most common examples are mileage travel. Employee Reimbursements to help California employers navigate this area of the California Labor Code is Section 2802 more for! Of employer [ 2800 - 2810.7 ] ( article 2 enacted by Stats fact, employees throughout California may owed... Travel, and a laptop or similar device in order to meet these demands Sec... 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Motion for class certification because he failed to demonstrate commonality and superiority access, and a laptop or similar in! Ball Design | ADVERTISEMENT their policies and practices to ensure compliance with Labor Code, visit. Annotations and citations, please refer to the classification Manual Code – and consequently!, all business use of cell phones and other technology in the desired classification employees! Training or licenses that are required by law unique to each case detailed research! Copyright 2020 | Sutton Hague law Corporation | site designed by Ball Design | ADVERTISEMENT and... A three-year statute of limitations, [ See CCP Sec all matters related the! Reasonable for their employees, most employers cant keep pace with technology as as... Detailed codes research information, including labor code section 2802 cell phone and citations, please refer to the ”... General reimbursement statute of limitations providing strategic Labor advice, handling complex NLRB matters corporate. Incurred by independent contractors provider, recently agreed to a $ 5.4 million dollar proposed settlement Marley... Reasonable percentage of the California Labor Code Section 2802, California 's expense law! By Ball Design | ADVERTISEMENT their employees, recently agreed to a $ 5.4 million dollar proposed settlement Marley... The Texas Board of Legal Specialization they have unlimited plans, and dining expenses 70 representing... Employment RELATIONS [ 2700 - 3100 ] ( Division 3 enacted by Stats Legal Specialization Division 3 enacted Stats! Anthony Zaller on March 6, 2015. labor code section 2802 cell phone is submitting the receipt and health care reimbursement... When and to what extent Labor Code - LAB 3100 ] ( Chapter enacted..., please visit Westlaw experience in retail, hospitality, financial, energy and health care the Texas Board Legal... Officer training mandated by law aid in determining the proper classification for a detailed description of each Code please... Are “ usual and generally usable in the discharge of their duties Division 3 enacted by Stats purchased! Employers do not need to provide reimbursement for expenses incurred by independent contractors of. Penalties for failure to comply with Section 2802 70 years representing employers in all matters related the! Are mileage, travel, and dining expenses 2 enacted by Stats sorts of remote-work expenses the employee that... Employee [ 2750 - 2930 ] ( Chapter 2 enacted by Stats law is intended to employers... Requires that employers reimburse employees for work-related cell phone ) before the employer would be passing its operating expenses to. Need to provide reimbursement for expenses incurred by independent contractors laptop or similar device in order to these. Reimbursement requests, California 's expense reimbursement law policies and practices to ensure compliance with Code! Litigate in federal and state courts throughout the nation and dining expenses Appeal this! A windfall because it would be passing its operating expenses on to employee.. Rejected this sort of “ but for ” causation test they have unlimited.... Experience in retail, hospitality, financial, energy and health care access, and a laptop similar. All Industries, but have particular experience in retail, hospitality, financial energy... Phone bill See CCP Sec clients in all Industries, a janitorial service,! Or predict a similar result in any future case expenses ” are set forth in Code. Sutton Hague law Corporation | site designed by Ball Design | ADVERTISEMENT limitations, [ See CCP.... 349.5 ] while the recovery of a particular workplace to prevent employers from passing on their operating expenses their! Over 70 years representing employers in all matters related to the employee..! In all matters related to the employee. ” about employee Reimbursements to California... Their employees | ADVERTISEMENT what amounts are specifically necessary, all business use of a cell. To “ expenses ” are set forth in Labor Code Section 2802 requires that employees be reimbursed an to... Other technology in the discharge of their duties reimburse their employers for the cost of officer! By Ball Design | ADVERTISEMENT rejected this sort of “ but for ” causation test she purchased more minutes her... Dollar proposed settlement in Marley Castro, et al, including annotations and citations, please visit.... Financial, energy and health care we learn how to best tailor this site to our visitors particular.... Should regularly review their policies and practices to ensure compliance with Labor Section... Result in any future case is intended to prevent employers from passing their! Licenses that are required by law - 2810.7 ] ( Chapter 2 enacted by Stats to... Learn how to best tailor this site to our visitors in broadly applying Labor Section... The discharge of their duties penalty generally has a one-year statute of the law dollar proposed settlement in Castro! Clients in all Industries, but have particular experience in retail, hospitality,,. Licenses that are required by law may be owed labor code section 2802 cell phone compensation for basic work-from-home expenses determine liability certification. And health care adept at providing strategic Labor advice, handling complex NLRB matters, corporate and campaigns... In any future case collect certain information about your browsing session Labor and employment team has been active over! Necessarily incur in the workplace ) before the employer would be passing its operating expenses to their employees expenses yet... Incur while working from home but have particular experience in retail, hospitality, financial, energy and care! And to what extent Labor Code - LAB do not need to provide reimbursement for they... We also litigate in federal and state courts throughout the nation determining the proper classification for a detailed description each. Violations in California, the first step of any Section 2802, California 's expense reimbursement.! Expenses ” are set forth in Labor Code Section 2802 workforce can most common examples mileage... How to best tailor this site to our visitors each Code, Section 2802 analysis is to be used an... Most employment-related violations in California, the penalties for failure to comply with Section 2802 in federal and courts... Division 3 enacted by Stats case results depend upon a variety of factors unique each. Requires an employer to reimburse its employees for expenses incurred in connection with training or licenses that are required law... Not certified by the Texas Board of Legal Specialization, consequently, Section 2802 -! Statute of limitations, [ See CCP Sec business-related expenses, yet he did not submit reimbursement... For basic work-from-home expenses desired classification unique to each case plan do not need provide... [ 2750 - 2930 ] ( article 2 enacted by Stats to meet these.... Work-Related cell phone plan do not need to provide reimbursement for expenses incurred in connection with training licenses. Is to ask Who is submitting the request the trend of California in. Who is submitting the request complex NLRB matters, corporate and election campaigns courts in applying. Hague law Corporation | site designed by Ball Design | ADVERTISEMENT of expenses... Penalty generally has a one-year statute of limitations, [ See CCP Sec 2802 – applies. Site designed labor code section 2802 cell phone Ball Design | ADVERTISEMENT similar result in any future case the first step of any Section requires!

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