Under California Labor Law, Employers are Required to Reimburse Their Workers for any Business Expenses
Under California labor law, employers are required to reimburse their workers for any business expenses they incurred, including the use of their personal vehicle or cellphone for work-related purposes. This law is designed to protect employees from bearing the burden of work-related expenses and to ensure that they are fairly compensated for their work. Failure to comply with this law may result in legal consequences, including wage and hour lawsuits.
The law defines necessary expenditures or losses to include all reasonable costs, including attorney's fees if the employee needs to enforce their rights. Reimbursable expenses include driving costs, mileage reimbursement for the mileage driven, paid tolls, and other work-related expenses such as uniforms and conference fees. Employers can calculate the employee's reimbursement using one of four approved methods: reimbursing mileage driven, reimbursing actual expenses, making lump sum payments, or using the fixed and variable rate reimbursement method.
In addition, California Labor Code section 2802 mandates employer reimbursements for work-related expenses that are incurred by their employees. This includes travel expenses, work uniforms, entertainment and mileage costs, mobile phone expenses, postage, and education or training costs. The expenses must be reasonable and necessary, and a violation of this code can lead to a wage and hour lawsuit. Employers cannot fire employees for invoking their right to reimbursement, and provisions in employment contracts waiving such rights are null and void.
A California court has held that employers must reimburse employees when they are required to use their personal cellphones for work. If the actual cost of an employee's cellphone usage cannot be determined, the employer must pay a reasonable percentage of the employee's cellphone bill. This ruling includes not only voice calls but also text messages and data usage.
In conclusion, under California labor laws, employees are entitled to be reimbursed for business expenses they incur while on the job, including the use of their personal vehicle or cellphone for work-related purposes. Employers who fail to comply with this law may face legal consequences, including wage and hour lawsuits. It is important for both employers and employees to be aware of these laws to ensure fair and just compensation for work-related expenses.
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