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california labor code section 2802 work from home

(“(c) For purposes of this section, the term “necessary expenditures or losses” shall include all reasonable costs, including, but not limited to, attorney’s fees incurred by the employee enforcing the rights granted by this section.”) Labor Code 2802 LC, see endnote 1 above. 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 . 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? she purchased more minutes for her cell phone) before the employer would be liable under the statute. 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. Working from home? 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 employers must reimburse you for some utilities ... a portion of the Internet expense they incur under California Labor Code Section 2802… Under the California labor code, section 2802, all business use of a personal cell phone must be reimbursed. The Cochran court determined that Labor Code section 2802 included an employer’s obligation to reimburse an employee whenever the employee uses his/her cell phone for work related duties. 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 . In California, Labor Code section 2802 requires employers to reimburse employees for expenditures the employee incurs as a consequence of performing work. While the law is unclear and risk remains, it may be acceptable to reimburse home-bound employees only for a reasonable percentage of their home internet expenses, not the entire bill. The consequences to the employer for violations are severe, including penalties, interest and attorney’s fees (subsections (b), (c) and (d).) The purpose of this statute is "to prevent employers from passing their operating expenses on to their employees." An employer generally complies with section 2802 by either reimbursing a given expense or providing the employee with the equipment necessary to ensure that the employee does not incur the expense in the first place. Labor Code section 2802 requires employers to reimburse employees for expenses “necessarily incurred” in their employment. Labor Code 2802 LC, see endnote 1 above. Cal. Gattuso v. Lab. Risk-averse employers may choose to reimburse the entire home internet bill. That includes expenses you might incur while working from home. For more detailed codes research information, including annotations and citations, please visit Westlaw . In fact, employees throughout California may be owed significant compensation for basic work-from-home expenses. While allowing employees to work from home is an option many employers may consider as a prophylactic measure to avoid the spread of the virus, employers should consider the implications of requiring employees to work from home. Thus, the first step of any Section 2802 analysis is to ask who is submitting the request. The California Labor Code – and, consequently, Section 2802 – only applies to employees. Section 2802 of the California Labor Code requires employers to reimburse their employees for the reasonable and "necessary" expenses they incur in direct consequence of discharging their job duties. Division 3, Employment Relations; Chapter 2, Employer and Employee; Article 2, Obligations of Employer; Section 2802. Code § 2802(a). 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