California employers must reimburse their employees for all costs they incur in performing their jobs. These expenses include the cost of providing a personal vehicle or a cell phone for work purposes. These days, employers are increasingly
requiring employees to perform work from home, which almost always requires the employee to have access to the internet.
If your employer requires you to perform work from home, and the work requires you to use home internet service, including for sending or receiving email, you employer must reimburse you a reasonable portion of the cost of providing that service.
What Does the Law Say About Home Internet Service Reimbursement?
Reimbursement of employee expenses is governed by California Labor Code Section 2802. This is an important statute reads:
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 . . . .
In plain terms, Section 2802 requires California employers to reimburse all expenses their employees incur in performing their jobs, or that an employee incurs because he or she carries out the employer’s directions.
Section 2802 applies to every kind of expense an employee might incur in performing a job and includes the cost of home internet service where work from home is required. Employers are also required to reimburse employees for vehicle expenses (i.e., mileage expense), the cost of providing a cellular telephone or “smartphone,” and any other costs the employee might incur.
How Can I Enforce My Rights Under Labor Code Section 2802?
Section 2802 is a powerful statue. It not only requires the employer to reimburse all “necessary” employee expenses, it also requires the employer to pay any attorney fees the employee incurs in recovering unreimbursed expenses in a lawsuit.
An employer’s failure to reimburse expenses under Section 2802 may be pursued in court on an individual or class action basis, depending on the circumstances.
If Your Employer Has Failed to Reimburse You Fairly, Contact Our Orange County Office Today
The Orange County based Law Offices of Corbett H. Williams is an elite law firm that represents employees in discrimination, harassment, retaliation, wrongful termination, wage & hour and other employment matters. Strict time limits may apply to your claim, so you shouldn’t wait. Contact us today at 949-679-9909 or use the contact form at the bottom of this page, and we will respond promptly.