What is It?
California Labor Code Section 2802 requires employers to reimburse all reasonable and necessary expenses incurred in the course of the employee’s job duties. Typical expenses include:
- An employee using his or her personal vehicle for company business, such as running errands, traveling between company locations and making bank deposits;
- Mobile device expenses where use of a mobile device is necessary to carryout job duties, including being available for company calls; and
- Employees paying for a uniform with a logo where the company fails to provide the uniform free of charge.
Is it Too Late to Recover Expenses Which My Employer Didn’t Pay?
Employees in California may recover unreimbursed expenses for the prior four years, even if the employees have not previously requested reimbursement.
What if I Did Not Request Reimbursement or Did Not Know to Request it?
Employers cannot claim that employees “chose” to waive the right to reimbursement. California Labor Code Section 2804 states that, “any contract or agreement, express or implied, made by any employee to waive the benefits of this article or any part thereof, is null and void”. If an employer knew – or should have known – that it employee incurred a reimbursable expense, then it must reimburse the employee.
Is It Worth It to Recover the Expenses I’m Owed?
If you prevail on your claim to recover unpaid expenses, then the company must pay your attorneys fees and costs (California Labor Code Section 2802(c)). If a group of employees at your workplace were not reimbursed for expenses, then it may be possible to file a class action on behalf of all employees who are owed expenses.
What Is the Next Step?
The Malk Law Firm has represented thousands of employees in class action cases to recover unpaid expenses, including cell phone and computer expenses, as well as mileage expenses for business use of an employee vehicle. If would like to submit your case for a free evaluation, please tell us about your case.