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. A Pasadena Employment Law Firm Committed to Helping Workers 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. The Fair Labor Standards Act (FLSA) does not require employers to reimburse employees for cell phone use, but California law does require cell phone reimbursement per the California Labor Code Section 2802. § 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 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. Labor Code Section 2802. California Labor Code Section 2802 requires an employer to reimburse an employee for all necessary expenses or losses incurred in direct consequence of the discharge of his or her duties, including driving expenses and cell phone use. California court mandates BYOD reimbursement. Employees must have cell phones with data plans, home internet access and a laptop or similar device in order to meet these demands. The different quality of the various personal assets that may be used for a business purpose may call for a more nuanced approach to sensibly fulfill the purpose of section 2802: to forbid employers the “windfall” of passing on their operating costs to their employees. “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. 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). It does not specify what amounts are specifically necessary. Under the California labor code, section 2802, all business use of a personal cell phone … Corbett H. Williams Employment Law. This article addresses when and to what extent Labor Code § 2802 requires that employees be reimbursed for these sorts of remote-work expenses. California Expense Reimbursement Law Does Not Allow Employees To Waive Their Rights. 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. The court held that the requirement even extends to an employee who has a cellphone plan … ABM Industries, a janitorial service provider, recently agreed to a $5.4 million dollar proposed settlement in Marley Castro, et al. Employees' Business Use Of Personal Property. Lab. No. The trial court denied Cochran’s motion for class certification because he failed to demonstrate commonality and superiority. 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. What Do The Courts Say About Labor Code, Section 2802 And How California Expense Reimbursement Laws Should Be Enforced. Labor Code Section 2802 Requires Employers To Indemnify Employees. The court held that the details about each employee’s cell phone plan do not determine liability. California Labor Code Section 2802 provides as follows: (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 … As such, employers should be sure to implement programs to reimburse employees for such expenses as home internet, cell phone usage, printer ink, paper, and other relevant supplies. 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. California law 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.” Cal. 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). 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. This rule, embodied in California Labor Code Section 2802, prohibits employers from shifting their costs of doing business onto the backs of employees. Employers do not need to provide reimbursement for expenses incurred by independent contractors. Employees forced to use their personal equipment, such as cell phones… In California, Labor Code section 2802 requires employers to reimburse employees for expenditures the employee incurs as a consequence of performing work. California Employment law requires employers to reimburse employees for all “necessary” expenses they incur while performing their jobs. Labor Code Sections 1197.1 and 2802 have such mandates. Cochran illustrates the trend of California courts in broadly applying Labor Code section 2802. The reimbursement owed is a reasonable percentage of the phone bill. As with most employment-related violations in California, the penalties for failure to comply with section 2802 can be severe. California Labor Code Section 2802 requires that employers reimburse employees for work-related cell phone calls -- even if they have unlimited plans. The most common examples are mileage, travel, and dining expenses. Code § 2802… The new Illinois law mirrors key language in California Labor Code Section 2802, California's expense reimbursement law. The law is intended to prevent employers from passing on their operating expenses to their employees. 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. June 27, 2017. 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 “necessary expenditures or losses incurred by the employee in direct consequence […] For more detailed codes research information, including annotations and citations, please visit Westlaw . 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. The general reimbursement statute of the California Labor Code is Section 2802. However, there is a stipulation with the FLSA which says an employee’s earnings can’t be below the minimum wage. Unpaid Employment Expenses Likely Have Up To a Four Year Statute of Limitations, but Penalties May be Forfeited After One Year. Not … The penalties over the period of non-payment, plus the attorney’s fees can be substantially greater than the expenses. An appeals court rules that, under CA labor law, employee use of personal cell phones must be reimbursed, even if … As employees continue working from home during the Coronavirus/COVID-19 pandemic, California Labor Code section 2802, which requires employee reimbursement for all necessary expenses incurred while completing work duties, operates to ensure employers who fail to provide necessary equipment and resources for completing the job reimburse employees who use their personal property. 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. 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 . Sec. 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. 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. Subscribe to CA Labor Code Section 2802 Revisit Your BYOD Policy to Make Sure Employees Are Properly Reimbursed for Cell Phone and Data Use By Nancy Yaffe on August 13, 2014 Posted in Wage and Hour 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. Have cell phones with data plans, home internet access and a or... 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