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California employers must reimburse their employees for all costs they incur in performing their jobs. These expenses include the cost of providing a personal vehicle or a cell phone for work purposes. These days, employers are increasingly
requiring employees to perform work from home, which almost always requires the employee to have access to the internet.
If your employer requires you to perform work from home, and the work requires you to use home internet service, including for sending or receiving email, you employer must reimburse you a reasonable portion of the cost of providing that service.
Reimbursement of employee expenses is governed by California Labor Code Section 2802. This is an important statute reads:
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 . . . .
In plain terms, Section 2802 requires California employers to reimburse all expenses their employees incur in performing their jobs, or that an employee incurs because he or she carries out the employer’s directions.
Section 2802 applies to every kind of expense an employee might incur in performing a job and includes the cost of home internet service where work from home is required. Employers are also required to reimburse employees for vehicle expenses (i.e., mileage expense), the cost of providing a cellular telephone or “smartphone,” and any other costs the employee might incur.
Section 2802 is a powerful statue. It not only requires the employer to reimburse all “necessary” employee expenses, it also requires the employer to pay any attorney fees the employee incurs in recovering unreimbursed expenses in a lawsuit.
An employer’s failure to reimburse expenses under Section 2802 may be pursued in court on an individual or class action basis, depending on the circumstances.
The Law Offices of Corbett H. Williams is an elite Orange County based law firm that represents employees in discrimination, harassment, retaliation, wrongful termination, wage & hour and other employment matters. Strict time limits may apply to your claim, so you shouldn’t wait. Contact us today at 949-528-4220 or use the contact form at the bottom of this page, and we will respond promptly.
The law offices of Corbett H. Williams takes most employee cases on a contingency fee basis
meaning that if we take your case, you pay nothing unless we recover for you.
If you are the victim of unlawful employment practices, including wrongful termination, sexual harassment, discrimination, or have not been paid all wages and benefits you are entitled to, the Law Offices of Corbett H. Williams can help. Call us today at 949-528-4220, or take a moment to fill out an online contact form for a prompt response. Delay could result in the loss of your claim, so don’t wait.
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The Law Offices of Corbett H. Williams is always prepared to get clients started down the road to a more secure future. Take the first step and contact the firm today. The attorney will take care to answer questions and help decide what the most effective next step can be.