labor code 2802 cell phone law

It stated: The threshold question in this case is this: Does an employer always have to reimburse an employee for the reasonable expense of the mandatory use of a personal cell phone, or is the reimbursement obligation limited to the situation in which the employee incurred an extra expense that he or she would not have otherwise incurred absent the job? Labor Code Section 2802 requires an employer to “indemnify his or her employee for all necessary expenditures or losses California courts have held that waiving the right to Labor Code section 2802 reimbursement is against public policy. Thus, any agreement made by an employee to waive their right to reimbursement is void. Other common employee expenses include vehicle mileage expense and travel expenses. B He also has substantial experience representing business clients in consumer class action, trade secret, real estate, intellectual property and contract matters and has obtained multiple published opinions by the California Court District of Appeal and the Ninth Circuit. 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. Unpaid Employment Expenses Likely Have Up To a Four Year Statute of Limitations, but Penalties May be Forfeited After One … For more detailed codes research information, including annotations and citations, please visit Westlaw . 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. This article addresses when and to what extent Labor Code § 2802 requires that employees be reimbursed for these sorts of remote-work expenses. . Risk-averse employers may choose to reimburse the entire home internet bill. Recently, a California court of appeal applied Section 2802 to work-related cell phone use. In simple English, Section 2803 mandates that employers reimburse their employees for costs they incur in the performance of their jobs or because of the employer’s instructions. Otherwise, the employer would receive a windfall because it would be passing its operating expenses onto the employee. Cochran held that “when employees must use their personal cell phones for work-related calls, Labor Code section 2802 requires the employer to reimburse them.” The Court refers to a provision of the California Labor Code requiring employers to reimburse employees for “all necessary expenditures or … She not only represents her clients with a strength of conviction, but she also is very empathetic to her clients’ feelings. reimbursement for easily overlooked expenses, including cell phone expenses, home office expenses, car allowances, and mileage reimbursements that are lower than the IRS rate. In law school, attorneys-to-be are ... customer service managers who were not reimbursed for expenses pertaining to the work-related use of their personal cell phones. The leading case on cell phone expense reimbursement in California is Cochran v. Schwan’s Home Service (2014) 228 Cal.App.4th 1137. § 2802 (a) ... We will always provide free access to the current law. There are a number of laws and regulations that require employers to reimburse expenses that employee incur or to pay for employees use of their own property. Corbett H. Williams is an experienced lawyer who represents California employees in a wide range of matters, including wrongful termination, sexual harassment, retaliation, whistleblower, class action, and wage & hour cases. This means that if your employer requires you to have a cell phone or smart phone for work purposes, your employer MUST reimburse you for the costs of providing the phone. An employer who fails to reimburse an employee for work expenses can be sued in court for reimbursement and may be required to pay the employee’s attorneys’ fees. California’s Labor Code Section 2802(a) states that: 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. Training and Licensure Expenses; Expenses incurred in connection with training or licenses that are required by law may be … App. . 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. 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. One of the most common job-related costs employees have is the cost of a personal cellular telephone or “smart phone.” Unfortunately, employers often require their employees to have a smart phone so that managers can communicate with employees and even track their whereabouts, but do not reimburse employees for the costs of purchasing monthly voice and data service. Thus, the only issue is whether the employee was required to use their personal cell phone for work, and whether he or she was reimbursed. Besides being a great attorney who cares she is a nice person. 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 hold that when employees must use their personal cell phones for work-related calls, Labor Code section 2802 requires the employer to reimburse them. The reimbursement owed is a reasonable percentage of the phone bill. ABM Industries, a janitorial service provider, recently agreed to a $5.4 million dollar proposed settlement in Marley Castro, et al. 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. According to Lara C. de Leon , a shareholder in the Orange County office of Ogletree Deakins, “The court’s ruling is a stark reminder that the realities … California Labor Code Section 2802 states that employers must “indemnify” an 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.” Through social entre­pre­neurship, we’re lowering the cost of legal services and increasing citizen access. 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. It does not matter whether the bill is paid for by the employee, a third person, or at all. 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 . . Just this week the California Court of Appeal held that “when employees must use their personal cell phones for work-related calls, Labor Code section 2802 requires the employer to reimburse them.” California Labor Code section 2802 provides employees reimbursement from their employer for all … California law protects employees who use their own money or equipment at work. Longer Answer with Practice Recommendations: An Employer Must Reimburse An Employee For The Employee’s Use Of A Personal Cell Phone For Work Related … © 2020 Law Offices of Corbett H. Williams, All Rights Reserved. It does not matter whether the bill is paid for by the employee, a third person, or at all. Many employees regularly use their personal cell phones for work-related calls. Under the California labor code, section 2802, all business use of a personal cell phone must be reimbursed. While some organizations supply a company phone, others opt to pay a mobile device stipend or reimburse some portion of an employee's personal phone bill under a "Bring Your Own Device" plan (BYOD). 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: Who is submitting the receipt? The penalties over the period of non-payment, plus the attorney’s fees can be substantially greater than the expenses. 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 … The Orange County based Law Offices of Corbett H. 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