Expense Reimbursement Claims Attorney
Employees in California are not expected to pay for the business expenses of their employers.
Labor Code Section 2802
“An employer shall indemnify his or her employee for all necessary expenditures or losses incurred in direct consequence of his or her duties, or of his or her obedience to the directions of the employer…”
Despite this seemingly straight forward requirement that an employer reimburse employees for all necessary and reasonable expenses related to work, an Irvine employment lawyer cites many examples of employers’ refusal to do so.
Uniforms that are mandated by the employer must be provided by the employer or the employer must reimburse the employee for the cost of what was required. Additionally, maintenance and care of uniforms is reimbursable.
Many employees are required to drive either locally or out of state to fulfill their job duties. If so, reimbursement for mileage is to be paid at the rate established by the Internal Revenue Service. If an overnight stay is required, hotel and restaurant expenses must be reimbursed as well.
Cell Phone and Home Office
Many employees are required to be available at all times and a cell phone is an obvious necessity. The business usage, as contrasted from personal calls, is to be reimbursed. Similarly, if a job requires an employee to maintain an office at home, a portion of the cost of the rent or mortgage and utility expenses are reimbursable. The issue, as an Irvine employment lawyer explains, is what percentage is business related and what percentage is personal.
One way in which an employer may attempt to avoid paying reimbursable expenses is to declare the employee an independent contractor, who is responsible for his or her own expenses. Another tactic is to have the employee waive his or her right to reimbursement; however, this is not enforceable as per Labor Code Section 2804.
Contact an Irvine Employment Attorney
If you are paying out of pocket for the requirements of your job, you should be reimbursed by your employer. Understand your rights. Call Altus Law Firm at 949-346-3391.