labor code section 2802 cell phone

The court stated that section 2802 requires that the employer should pay some “reasonable percentage” of the employees’ cell phone plans when the cell phone … Based on this interpretation of section 2802, the Cochran court found the trial court erred when it determined that the obligation to reimburse would depend on (1) whether the employee had a plan allowing unlimited use; and (2) whether the employee or a family member paid the bill. 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). For example, if an employee is required to use her personal cell phone for business purposes, but her cell phone plan provides for unlimited data and calling, there is arguably no additional expenditure incurred as a result of the work-related use. And now that many employees are using their home internet, the business portion of their internet bill is reimbursable, even if they would have had a home internet plan before. 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 … Case results do not guarantee or predict a similar result in any future case. 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One way to avoid the Labor Code section 2802 quandary is to issue company cell phones to employees, while at the same time prohibiting the use of personal phones. 2. Labor Code section 2802, subdivision (a) requires: "[a]n 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…." … Read this complete California Code, Labor Code - LAB § 2803 on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system . Employees must have cell phones with data plans, home internet access and a laptop or similar device in order to meet these demands. The general reimbursement statute of the California Labor Code is Section 2802. California Labor Code section 2802 requires employers to reimburse employees, “for all necessary expenditures or losses incurred by the employee” while completing work duties. “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. 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. Code Section Code Section. 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. 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. For instance, where it is mandatory for employees to use their personal cell phones for work, generally they must be compensated for a reasonable percentage of their phone plans. A Pasadena Employment Law Firm Committed to Helping Workers The court held that the requirement even extends to an employee who has a cellphone plan with unlimited minutes as otherwise the employer would receive a windfall because it would be passing on its operating expenses on to the employee. 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. California Labor Code § 2802. The plaintiff in Cochran filed a class action on behalf of customer service managers employed by Schwan’s, seeking reimbursement under Labor Code section 2802 for expenses pertaining to the work-related use of their personal cell phones. . Where the use of equipment is … The BYOD trend has been driven in part by Millennials in white-collar positions who have come to rely on using thei… The general reimbursement statute of the California Labor Code is Section 2802. According to the California Supreme Court, whether an expense is “necessary” under Section 2802 depends on the reasonableness of the employee’s choices. To learn more, view our Cookies Policy. However, we also litigate in federal and state courts throughout the nation. Questions of necessity are common around the use of cell phones and other technology in the workplace. Labor code section 2802. An employee survey, inquiring into how much employees pay per month for their service plans and what percentage of their cell phone usage is work-related, can be an effective way of finding the right number. The California Labor Code – and, consequently, Section 2802 – only … 90. ) Obligations of Employer [2800 - 2810.7] ( Article 2 enacted by Stats. . 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.” (Cochran v. Schwan's Home Services, Inc. (2014) 228 Cal. Who is submitting the receipt? 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. A statutory duty generally has a three-year statute of limitations, [See CCP Sec. 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. To be reimbursable, an expense must be necessary to the performance of an employee’s job duties or to comply with the employer’s instructions. The court granted summary judgment in favor of the employer, because, under the facts of that particular case, the employer did not know or have reason to know the employee incurred those expenses. DIVISION 3. reimbursement for easily overlooked expenses, including cell phone expenses, home office expenses, car allowances, and mileage reimbursements that are lower than the IRS rate. ARTICLE 2. 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. . “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 section 2802 . By Anthony Zaller on March 6, 2015. ABM Industries, a janitorial service provider, recently agreed to a $5.4 million dollar proposed settlement in Marley Castro, et al. 1937, Ch. This article addresses when and to what extent Labor Code § 2802 requires that employees be reimbursed for these sorts of remote-work expenses. We are also particularly adept at providing strategic labor advice, handling complex NLRB matters, corporate and election campaigns. Code § 2802(a). By Anthony Zaller on April 24, 2015. Under section 2802 of the California Labor Code, “[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.” Cal. Section 2802 of the California Labor Code requires employers to reimburse their employees for any “necessary expenditures or losses” that they incur as a direct result of doing their job. Employers do not need to provide reimbursement for expenses incurred by independent contractors. Our labor and employment team has been active for over 70 years representing employers in all matters related to the employer/employee relationship. 2802. As an alternative, employers may also consider avoiding the reimbursement issue altogether by providing company-issued cell phones which employees will be required to use for all business purposes. This article addresses when and to what extent California Labor Code section 2802 requires that employers reimburse employees for these sorts of remote- work expenses. Id. 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. Labor Code section 2802 requires an employer to “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 . California Labor Code section 2802 requires employers to reimburse employees, “for all necessary expenditures or losses incurred by the employee” while completing work duties. As long as these basic wardrobe items are “usual and generally usable in the occupation,” they are not reimbursable. California employers should regularly review their policies and practices to ensure compliance with Labor Code Section 2802. Among the items that may require reimbursement in California are office supplies, uniform costs, travel expenses, and mandatory … ABM Industries, a janitorial service provider, recently agreed to a $5.4 million dollar proposed settlement in Marley Castro, et al. The Second District Court of Appeal held: “To show liability under section 2802, an employee need only show that he or she was required to use a personal cell phone to make work-related calls, and he or she was not reimbursed.” The appellate court observed that the purpose of section 2802 is “to prevent employers from passing their operating expenses on to their employers.”[3] Therefore, the issues raised by the trial court—the type of service plan the employee has, who pays for the plan, and whether the employee changed plans because of his job—are irrelevant. Not … 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. 90. ) Did you know that California Labor Code Section 2802 requires employers to reimburse employees for any necessary expenses the employees incur while doing their jobs? 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.” 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. Refreshed: 2018-05-15 For instance, if you bus tables in a restaurant, you may be told to wear a white shirt, dark pants, and black slip-resistant shoes. To prevail on a failure to reimburse claim, California employees … Please use the search field below for any keywords in the desired classification. California’s Labor Code Section 2802 normally requires employers to reimburse employees for “reasonable” and “necessary” expenses incurred while performing their job duties. . Section 2802 requires employers to indemnify employees for “all necessary expenditures or losses incurred by the … The reimbursement owed is a reasonable percentage of the phone bill. B247160, filed 8/12/2014), the California Court of Appeal, Second Appellate District, unequivocally held that under California Labor Code section 2802, an employer must always reimburse an employee for the reasonable expense of mandatory use of a personal cell phone. 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. Labor Code § 2802 Reimbursement Claim Elements. . Labor Code Section 2802 Requires Employers To Indemnify Employees Labor Code section 2802 requires an employer to “indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or […] This is an advertisement Call Us Today: (855) 976-9228 Current wait seconds. 2802. Thus, the court held that to be in compliance with Labor Code section 2802, “the employer must pay some reasonable percentage of the employee’s cell phone bill” if the employee uses a personal cell phone for work purposes. The general reimbursement statute of the California Labor Code is Section 2802. Labor Code section 350 states unequivocally that “Every gratuity is hereby declared to be the sole property of the employee or employees for whom it was paid, given or left for.” In addition, Labor Code section 351 clearly states … Five statutes that can shift attorney’s fees to employers. Under the California labor code, section 2802, all business use of a personal cell phone must be reimbursed. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 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. For instance, in Townley v. BJ’s Restaurants, Inc., a restaurant required its employees to wear black, slip-resistant shoes, but the restaurant did not specify a brand, style, or design, and the employees could wear the shoes outside of work. In Cochran v. Schwan’s Home Service, Inc.,[2] a customer service manager sued his employer on behalf of a class of 1,500 similarly situated employees, alleging the employer’s failure to reimburse class members for the work-related use of their personal cell phones. must have cell phones with data plans, home internet access, and a laptop or similar device in order to meet these demands. 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. Inside the Law Review; New Law Targets Sexual Harassment in California Agriculture; McLe Self-Study: When Remote-Work Expenses Must Be Reimbursed Under Labor Code Section 2802; New Law Targets Sexual Harassment in California Agriculture; Cases Pending Before the California Supreme Court; Public Sector Case Notes; From the … Code: Article: ... Labor Code - LAB. Necessary expenditures or losses include all reasonable costs. The employee knew that his employer had a policy of reimbursing business-related expenses, yet he did not submit any reimbursement requests. Questions of necessity are common around the use of cell phones and other technology in the workplace. For instance, police officers have been required to reimburse their employers for the cost of peace officer training mandated by law. California Labor Code § 2802. Schwan’s Home Service, Inc. (2014) 228 Cal.App.4th 1137, 1140: “when employees must use their cell phones for work-related calls, Labor Code section 2802 requires the employer to reimburse them. Thus, the first step of any Section 2802 analysis is to ask who is submitting the request. Expenses incurred in connection with training or licenses that are required by law may be passed on to employee. The California Labor Code – and, consequently, Section 2802 – only applies to employees. Toggle navigation. No Exceptions: Employers Must Always Reasonably Reimburse Employees’ On-the-Job Use of Personal Cell Phones (California), Highlights from the SHLC September California/Nevada Employer Webinars, Selected Highlights from the SHLC August 6th California/Nevada Employer Webinar, Harassment Prevention and Anti-Bullying Training for Supervisors/Managers, Mandatory 1-Hour Harassment Prevention Training for Non-Managers/Non-Supervisors, Employee Handbooks and Workplace Policies, Management Training and Educational Programs. … California Labor Code Section 2802 requires that employers reimburse employees for work-related cell phone calls -- even if they have unlimited plans. Therefore, regardless of whether an employee has a limited or unlimited cell phone plan, the employer’s obligation is the same: “The reimbursement owed is a reasonable percentage of [the employees’] cell phone bills.” Employers have a duty to determine what that reasonable percentage is, and to reimburse their employees accordingly. Labor & Emp't Rev. 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. California Labor Code § 2802: Employers’ Duty to Reimburse. California Labor Code section 2802 requires an employer to reimburse its employees for expenses they necessarily incur in the discharge of their duties. No Exceptions: Employers Must Always Reasonably Reimburse Employees’ On-the-Job Use of Personal Cell Phones (California) Section 2802 of the California Labor Code requires employers to reimburse their employees for any “necessary expenditures or losses” that … To see the importance of the ruling in Cochran, consider an employee who purchases a smart phone or a computer or pays monthly fees for a minute plan, a data plan, or home internet access. By collecting this information, we learn how to best tailor this site to our visitors. As with most employment-related violations in California, the penalties for failure to comply with section 2802 can be severe. 335 through 349.5] while the recovery of a penalty generally has a one-year statute of limitations. 90. ) In fact, employees throughout California may be owed significant compensation for basic work-from-home expenses. The court found the shoes were not reimbursable because they were not part of a uniform and were “generally usable in the restaurant occupation.”. . Lab. Cochran illustrates the trend of California courts in broadly applying Labor Code section 2802. 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. In other words, the trial court interpreted Labor Code § 2802 to require that the employee show that she incurred some marginal cost as a result of the employer’s remote work requirement (i.e. California’s Division of Labor Standards Enforcement has taken the position that employee licenses are not the type of costs that need to be reimbursed under Section 2802 where the licenses are required by a statute or ordinance. Personal cell phones at work: Five lessons employers should take away about expense reimbursement set forth in Cochran v. Schwan’s Home Services. she purchased more minutes for her cell phone) before the employer would be liable under the statute. 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 . Division 3, Employment Relations; Chapter 2, Employer and Employee; Article 2, Obligations of Employer; Section 2802. It does not specify what amounts are specifically necessary. The law is intended to prevent employers from passing on their operating expenses to their employees. Labor Code Section 2802. For example, employers requiring employees to clock in and out on a cell phone app must either provide a cell phone … Reimbursement issues can depend on the circumstances of a particular workplace. Labor Code Section 2802 requires an employer to “indemnify his or her employee for all necessary expenditures or losses This section reads, in relevant part: “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.”, Many jobs have general dress codes that are not quite uniforms. The court held that the details about each employee’s cell phone plan do not determine liability. Labor Code Section 2802 Requires Employers To Indemnify Employees. March 2015, Volume 29, No. Copyright 2020 | Sutton Hague Law Corporation | Site designed by Ball Design | ADVERTISEMENT. EMPLOYMENT RELATIONS [2700 - 3100] ( Division 3 enacted by Stats. For a detailed description of each code, please refer to the Classification Manual. Unless otherwise noted, attorneys not certified by the Texas Board of Legal Specialization. Required cell phone use has also become more common. Instead, it held that when an employee “must” use his personal cell phone for work-related calls, the employer … 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. If the employee’s roommate demands payment from the employer for the increased electric bill, the employer would not be obligated to honor that demand: The roommate is not the employee. In one California case, an employee claimed that he frequently ran work-related errands in his car, but he was not reimbursed for his mileage. 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 . No. (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. [1] But what if an employee’s work-related activities do not actually generate any expense in addition to that which the employee would have normally incurred otherwise? The new Illinois law mirrors key language in California Labor Code Section 2802, California's expense reimbursement law. 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. In other words, "reimbursement is always required." Employers do not need to provide reimbursement for expenses incurred by independent contractors. Employers should take adequate steps to accurately ascertain what level of reimbursement is reasonable for their employees. We are national in practice and provide excellent, prompt, cost-effective, team-based service. The penalty amounts and procedures applicable to “expenses” are set forth in Labor Code Section 1197.1. The law is intended to prevent employers from passing on their operating expenses to their employees. Necessary expenditures or losses include all reasonable costs. If the employer does not require the use of cell phones and provides alternatives, then the employee’s use of her cell phone is likely unnecessary—and not reimbursable—under Section 2802. 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