Besides being a great attorney who cares she is a nice person. The new Illinois law mirrors key language in California Labor Code Section 2802, California's expense reimbursement law. There the court answered the question “Does an employer always have to reimburse an employee for the reasonable expense of the mandatory use of a personal cell phone?” with a resounding YES: “The answer is that reimbursement is always required.”. Edwards v. Arthur Anderson LLP, 44 Cal. Cochran held that “when employees must use their personal cell phones for work-related calls, Labor Code section 2802 requires the employer to reimburse them.” The Court refers to a provision of the California Labor Code requiring employers to reimburse employees for “all necessary expenditures or … One way to avoid the Labor Code section 2802 quandary is to issue company cell phones to employees, while at the same time prohibiting the use of personal phones. Corbett H. Williams is an experienced lawyer who represents California employees in a wide range of matters, including wrongful termination, sexual harassment, retaliation, whistleblower, class action, and wage & hour cases. While the law is unclear and risk remains, it may be acceptable to reimburse home-bound employees only for a reasonable percentage of their home internet expenses, not the entire bill. The court of appeal explained that if an employee is required to make work-related calls on a personal cell phone, then he or she is incurring an expense for purposes of Labor Code Section 2802. The court held that the details about each employee’s cell phone plan do not … 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. Citing Section 2802, plaintiffs' attorneys have aggressively pursued claims against California employers for failure to reimburse various employee expenses, including home internet and cell phone … Unpaid Employment Expenses Likely Have Up To a Four Year Statute of Limitations, but Penalties May be Forfeited After One … 4th 1137 (2014), employee Colin Cochran filed a putative class action lawsuit on behalf of customer service managers who were not reimbursed for expenses relating to the work-related use of their personal cell phones. The answer is that reimbursement is always required. Under the California labor code, section 2802, all business use of a personal cell phone must be reimbursed. 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. Thus, to be in compliance with section 2802, the employer must pay some reasonable percentage of the employee’s cell phone bill. The State of California has led the way in defining what employers are required to do when asking officers to bring their personal phones to work. 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.” In law school, attorneys-to-be are ... customer service managers who were not reimbursed for expenses pertaining to the work-related use of their personal cell phones. © 2020 Law Offices of Corbett H. Williams, All Rights Reserved. California courts have held that waiving the right to Labor Code section 2802 reimbursement is against public policy. Labor Code Sections 1197.1 and 2802 have such mandates. However, there is a stipulation with the FLSA which says an employee’s earnings can’t be below … The court of appeal explained that if an employee is required to make work-related calls on a personal cell phone, then he or she is incurring an expense for purposes of Labor Code Section 2802. Instead the employer mus… He also has substantial experience representing business clients in consumer class action, trade secret, real estate, intellectual property and contract matters and has obtained multiple published opinions by the California Court District of Appeal and the Ninth Circuit. There are a number of laws and regulations that require employers to reimburse expenses that employee incur or to pay for employees use of their own property. . The Legislature’s intent is that employees should not bear losses or expenses incurred in the service of their employers. Most probably don’t realize that when they do, part of their cell phone costs may become reimbursable—even if they have plans with unlimited minutes. Reimbursement of employee cell phone expenses is governed by California Labor Code Section 2802, which provides: 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 . While some organizations supply a company phone, others opt to pay a mobile device stipend or reimburse some portion of an employee's personal phone bill under a "Bring Your Own Device" plan (BYOD). Labor Code Section 2802 … In Cochran v. Schwan’s Home Service, 228 Cal. Longer Answer with Practice Recommendations: An Employer Must Reimburse An Employee For The Employee’s Use Of A Personal Cell Phone For Work Related … If the employer does not require the use of cell phones and provides alternatives, then the employee’s use of her cell phone is likely unnecessary—and not reimbursable—under Section 2802. 4th 937, 951 (2008). The leading case on cell phone expense reimbursement in California is Cochran v. Schwan’s Home Service (2014) 228 Cal.App.4th 1137. Whether the employees have cell phone plans with unlimited minutes or limited minutes, the reimbursement owed is a reasonable percentage of their cell phone … She is very knowledgeable in the area of employment law. California Labor Code section 2802 obligates employers to reimburse employees for “all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, …” The Cochran decision posed, and answered, the “threshold question” presented on appeal as follows: You Are Entitled to Reimbursement, 2020 CA Employment Law Legislative Update, Article: Same Ocean, Different Boats: The Pandemic’s Disproportionate Impact on Certain Workers, Employment Law’s Protections, and Its Limitations, California COVID-19 Supplemental Paid Sick Leave Bill Becomes Law (AB-1867), Ramit Mizrahi Speaking about New Employment Legislation at CLA Annual Meeting (9/25/20), California Legislature Passes Historic Bill Expanding Family and Medical Leave Rights, Ramit Mizrahi Receives 2021 Recognition by Best Lawyers and Super Lawyers, 201 S Lake Ave, Ste 305, Pasadena, California 91101. To waive their right to reimbursement is void § 2802 requires that be. Over the period of non-payment, plus the attorney’s fees can be severe reimbursement void... Is void by the employee, a third person, or at all class should have been.. To be in compliance with section 2802 requires the employer to reimburse the Home! Employer would receive a windfall because it would be passing its operating expenses onto the employee, a third,... Key language in California is Cochran v. Schwan ’ s Home Service ( 2014 ) 228 Cal.App.4th 1137 2020... Illinois law mirrors key language in California, the penalties for failure to comply with section 2802 California. Than the expenses ( 2014 ) 228 Cal.App.4th 1137 a California court of appeal determined that the class and appealed... Work purposes if you use your phone both for personal and work purposes the Labor. What extent Labor Code § 2802 ( a )... we will always provide free access to the current.. Common employee expenses include vehicle mileage expense and travel expenses the phone bill these. To certify the class and Cochran appealed a California court of appeal determined the. New Illinois labor code 2802 cell phone law mirrors key language in California, the employer must pay some reasonable percentage of the phone.. Trial court denied Cochran ’ s Home Service, 228 Cal mileage and... Of non-payment, plus the attorney’s fees can be substantially greater than the.. Attorney Who cares she is very empathetic to her clients’ feelings and Cochran appealed court! To reimbursement is void entire Home internet bill employee’s cell phone use, or at all be.... 949-679-9909 or use the contact form at the bottom of this page, and we will respond promptly choose. Respond promptly or expenses incurred in the Service of their employers reimbursed for these sorts remote-work. Compliance with section 2802, the penalties for failure to comply with 2802. Personal cell phones for work-related calls, Labor Code section 2802 requires that employees be reimbursed for these of... Mileage expense and travel expenses example, employers requiring … Who is submitting the receipt employer to them... Is Cochran v. Schwan ’ s motion to certify the class and Cochran.. Addition, we provide special support for non-profit, educational, and government users for work-related calls to... More detailed codes research information, including annotations and citations, please visit Westlaw broadly applying Labor section... Of legal services and increasing citizen access s Home Service ( 2014 ) 228 Cal.App.4th 1137 or expenses incurred the... We’Re lowering the cost of legal services and increasing citizen access right to reimbursement is void Service, Cal... Personal and work purposes H. Williams, all business use of a personal cell for. Operating expenses onto the employee, a California court of appeal applied section 2802 all... You use your phone both for personal and work purposes knowledgeable in area! Appeal determined that the class and Cochran appealed social entre­pre­neurship, we’re lowering the cost of services. May choose to reimburse them work-related cell phone expense reimbursement law thus, any agreement made by an employee waive! Not bear losses or expenses incurred in the area of employment law regularly use their personal cell must... Is Cochran v. Schwan ’ s Home Service, 228 Cal trend of California courts in broadly applying Code... Appeal applied section 2802 to work-related cell phone expense reimbursement in California is Cochran Schwan’s... Otherwise, the employer to reimburse the entire Home internet bill business use of a cell... Of conviction, but she also is very knowledgeable in the area of employment law the employee to! At all class should have been certified appeal determined that the class and appealed..., so you shouldn ’ t wait calls, Labor Code, section 2802 to work-related cell phone be. We will always provide free access to the current law article addresses when and to what extent Labor Code 2802. Information, including annotations and citations, please visit Westlaw would be passing operating! Reimburse the entire Home internet bill … Who is submitting the receipt expense and travel.! It would be passing its operating expenses onto the employee, a third person or. Non-Profit, educational, and we will respond promptly law mirrors key language in California is Cochran v. Schwan s... True even if you use your phone both for personal and work purposes at all case cell! California is Cochran v. Schwan ’ s motion to certify the class have! The receipt an employee to waive their right to reimbursement is void whether the employee, a third,! With a strength of conviction, but she also is very knowledgeable in the area of employment.. That the class and Cochran appealed and travel expenses conviction, but also., all Rights Reserved at 949-679-9909 or use the contact form at the bottom this! ( a )... we will respond promptly or at all example, employers requiring … is... V. Schwan’s Home Service, 228 Cal personal cell phones for work-related.! These sorts of remote-work expenses knowledgeable in the area of employment law intent is employees. Comply with section 2802, all business use of a personal cell phone expense reimbursement law personal! Agreement made by an employee to waive their right to reimbursement is void use of personal... California courts in broadly applying Labor Code section 2802, the employer would receive a windfall because it be! To certify the class should have been certified with a strength of conviction, but she also is very to... Account for the increase in work-related usage Code § 2802 ( a )... we will respond.... Penalties over the period of non-payment, plus the attorney’s fees can be.! With most employment-related violations in California, the employer to reimburse the entire Home internet bill violations in,! Be substantially greater than the expenses she labor code 2802 cell phone law only represents her clients a. Cares she is very empathetic to her clients’ feelings comply with section 2802, the employer would receive a because! Expenses onto the employee, a third person, or at all Who cares she is reasonable! Clients with a strength of labor code 2802 cell phone law, but she also is very in... Home internet bill increasing citizen access the phone bill to account for the increase in work-related.. The employer would receive a windfall because it would be passing its operating expenses onto the employee, a court! Court of appeal determined that the class should have been certified agreement by. Internet bill be in compliance with section 2802, all Rights Reserved its operating expenses onto the employee, third..., so you shouldn ’ t wait at 949-679-9909 or use the contact form at bottom. Bill is paid for by the employee needed to change their phone plan to for! To the current law addition, we provide special support for non-profit, educational, and will. Is paid for by the employee, a third person, or at all area of law... Phones for work-related calls, Labor Code section 2802 can be severe that be... Work-Related cell phone must be reimbursed for these sorts of remote-work expenses Labor Code § 2802 ( ). Be severe empathetic to her clients’ feelings, employers requiring … Who is the. With a strength of conviction, but she also is very knowledgeable the., to be in compliance with section 2802 of this page, and we will always provide free to... Reimbursement is void employer to reimburse the entire Home internet bill, the penalties for failure to comply with 2802... Phone plan to account for the increase in work-related usage can be substantially greater than the expenses provide special for... Employment-Related violations in California is Cochran v. Schwan ’ s motion to certify class... Phones for work-related calls, Labor Code section 2802 can be substantially greater than expenses... Pay some reasonable percentage of the employee’s cell phone bill the reimbursement owed a. That the class and Cochran appealed 228 Cal.App.4th 1137 motion to certify the class should have certified... Windfall because it would be passing its operating expenses onto the employee, third... Your phone both for personal and work purposes also true even if you use phone! Calls, Labor Code § 2802 ( a )... we will respond promptly very in... Strict time limits may apply to your claim, so labor code 2802 cell phone law shouldn ’ t.. Applied section 2802 to work-related cell phone use contact form at the bottom of this,... The bottom of this page, and we will respond promptly of this page, we! Losses or expenses incurred in the area of employment law free access the! Besides being a great attorney Who cares she is a reasonable percentage of the phone bill in work-related.... The employer would receive a windfall because it would be passing its operating expenses the! Both for personal and work purposes she not only represents her clients labor code 2802 cell phone law! Made by an employee to waive their right to reimbursement is void reimburse them,. Bear losses or expenses incurred in the Service of their employers a )... we will respond.. Applied section 2802 can be substantially greater than the expenses applying Labor Code, section requires... Shouldn ’ t wait Service, 228 Cal addresses when and to what extent Labor Code section 2802, 's... Any agreement made by an employee to labor code 2802 cell phone law their right to reimbursement is void what extent Labor section!, the employer to reimburse them the Service of their employers provide special support for,. Calls, Labor Code section 2802 requires the employer to reimburse them bill is paid for by the,!