“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. Lab. As with most employment-related violations in California, the penalties for failure to comply with section 2802 can be severe. The trial court denied Cochran’s motion for class certification because he failed to demonstrate commonality and superiority. A Pasadena Employment Law Firm Committed to Helping Workers The new Illinois law mirrors key language in California Labor Code Section 2802, California's expense reimbursement law. For more detailed codes research information, including annotations and citations, please visit Westlaw . 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 […] What Do The Courts Say About Labor Code, Section 2802 And How California Expense Reimbursement Laws Should Be Enforced. 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. 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). 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. It does not specify what amounts are specifically necessary. Under the California labor code, section 2802, all business use of a personal cell phone … Labor Code Section 2802 Requires Employers To Indemnify Employees. Employees must have cell phones with data plans, home internet access and a laptop or similar device in order to meet these demands. Code § 2802… ABM Industries, a janitorial service provider, recently agreed to a $5.4 million dollar proposed settlement in Marley Castro, et al. 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. Sec. An appeals court rules that, under CA labor law, employee use of personal cell phones must be reimbursed, even if … 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. June 27, 2017. 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. The court held that the requirement even extends to an employee who has a cellphone plan … Not … California Expense Reimbursement Law Does Not Allow Employees To Waive Their Rights. 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. 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. 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 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. The general reimbursement statute of the California Labor Code is Section 2802. Unpaid Employment Expenses Likely Have Up To a Four Year Statute of Limitations, but Penalties May be Forfeited After One Year. California Labor Code Section 2802 requires that employers reimburse employees for work-related cell phone calls -- even if they have unlimited plans. 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. 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. 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