she purchased more minutes for her cell phone) before the employer would be liable under the statute. California Code, Labor Code - LAB § 2802. Necessary expenditures or losses include all reasonable costs. Some employers have BYOD (Bring Your Own Device) policies to address important … Posted in Wage and Hour. By Nancy Yaffe on August 13, 2014. 2. Under the California labor code, section 2802, all business use of a personal cell phone must be reimbursed. Personal Cell Phone Data Reimbursement. Questions of necessity are common around the use of cell phones and other technology in the workplace. Plaintiff filed a putative class action suit against Home Service on behalf of customer service managers who were not reimbursed for expenses pertaining to the work-related use of their personal cell phones. Labor Code Section 2802 Requires Employers To Indemnify Employees Labor Code section 2802 requires an employer to “indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or […] This is an advertisement Call Us Today: (855) 976-9228 Current wait seconds. 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. McLe Self-Study: When Remote-Work Expenses Must Be Reimbursed Under Labor Code Section 2802; New Law Targets Sexual Harassment in California Agriculture; Cases Pending Before the California Supreme Court; Public Sector Case Notes; From the Editors Editorial Policy ; Nlra Case Notes; Labor & Employment Law Section Executive … (“If an employee is required to make work-related calls on a personal cell phone, then he or she is incurring an expense for the purposes of section 2802…To show liability under section 2802, an employee need only show that he or she was required to use a personal cell phone to make work-related calls, and he or she was not reimbursed.”) Labor Code 2802 LC, see endnote 1 above. Whether the employees have cell phone plans with unlimited minutes or limited minutes, the reimbursement owed is a reasonable percentage of their cell phone bills." We hold that when employees must use their personal cell phones for work-related calls, Labor Code section 2802 1 requires the employer to reimburse them. This Labor Code section requires employers to reimburse employees for all out-of-pocket expenses the employee incurs (and not just cell phone usage) during the performance of their job. Now, … Thus, an employee who was regularly required to work remotely on short notice, take calls from a cell phone and respond to emails using a personal smart phone could recover a significant amount of money in a 2802 action seeking reimbursement for a data plan, a minute plan and home internet access. Labor Code § 2802(b)-(c). Under California Labor Code section 2802, an employer is required to indemnify its employees for all reasonable and necessary expenses the employees incur in the course of their jobs. Colin Cochran brought a putative class action against his employers, Schwan’s Home Service, on behalf of 1,500 customer service managers who were not reimbursed for expenses pertaining to the work-related use of their personal cell phones. Toggle navigation. California Labor Code Sec. The Court held that “when employees use their personal cellular phones for work-related calls,” California law (i.e., Labor Code Section 2802) “requires an employer to reimburse them.” Search by Keyword or Citation; Search by Keyword or Citation. 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