EmploymentQuestion 280 of 1632

An employee is required to use their personal cell phone for work calls and to drive their own vehicle between job sites. Under Labor Code §2802, the contractor must:

a.Reimburse all necessary expenses of doing the job
b.Reimburse the mileage driven but not the phone use
c.Reimburse only what exceeds $1,000 in a year
d.Deduct the costs from the employee's next wages

Explanation

Labor Code §2802(a) makes the employer indemnify the employee for all necessary expenditures incurred in direct consequence of the discharge of duties, so both the required mileage and a reasonable share of the personal phone bill are owed - Cochran v. Schwan's Home Service says so for the phone. Splitting the two, mileage yes and phone no, ignores that §2802 reaches any necessary expense. There is no dollar threshold in §2802; the first dollar is reimbursable. And taking the cost out of wages inverts the statute into an unlawful deduction.

Law Reference: Labor Code §2802(a); Cochran v. Schwan's Home Service (2014) 228 Cal.App.4th 1137

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