Who is submitting the receipt? Labor Code Section 2802. If you have been the victim of wrongful termination, wrongful demotion or any kind of discriminatory business practices, it is time to take action and contact a Ventura employment law attorney that can help. Under the mileage reimbursement method, the employee only needs to keep a record of the number of miles driven for job duties. . In making the determination about whether an employee’s actions are in the “course and scope” of their job, courts examine whether the expense being sought by the employee is “not so unusual or startling that it would seem unfair to include loss or expense among other costs of the employer’s business.” Employers need to be mindful about reimbursing employees for cell phone use, printing and office supplies (if employee is required to maintain a home office or use personal printer for work), and other work related expenses. Types of Expenses The Cochran case expressly extended the expense reimbursement requirement to cover personal cell phone usage where the employer does not otherwise provide the equipment and/or a cellular plan. For more detailed codes research information, including annotations and citations, please visit Westlaw . California Labor Code Section 2802 obligates employers to reimburse their employees for all expenses incurred during the … 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. You Have Rights As A Worker. By clicking submit you are agreeing to the. California Labor Code section 2802 requires employers to indemnify their workers for expenses they necessarily incur in their duties. Employers do not need to provide reimbursement for expenses incurred by independent contractors. 2802. Under the actual expense method, the parties calculate the automobile expenses that the employee actually and necessarily incurred and then the employer separately pays the employee that amount. California Disability Discrimination: The ADA and FEHA, FMLA & CFRA: California Leave Rights & Conditions. The penalty amounts and procedures applicable to “expenses” are set forth in Labor Code Section 1197.1. The code ensures that “ An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of … . All right reserved. Yes. This Friday’s Five post discusses five issues employers need to know about automobile and mileage reimbursement under California law. The employer must communicate to its workers the method or formula used to reimburses for car expenses. California Labor Code § 2802. Gattuso, at 478. This important statute reads as follows: 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 addition to mileage, employers may also have to reimburse employees for other costs they incurred in driving their personal cars for business. Attorney Matthew A. Kaufman and the team at The Kaufman Law Firm bring experience and a vast arsenal of legal resources to help clients recover the money they deserve. Labor Code Section 2802. Harassment Advice: What Should You Do If You’re Being Harassed? The Court recognized that employers may simplify calculating the amount owed to an employee by paying an amount based on a “total mileage driven.” Gattuso, at 479. The law is intended to prevent employers from passing on their operating expenses to their employees. The California Labor Law. 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