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:
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 1137This topic, taught in full in the CSLB Law & Business guide. CSLB Law & Business — Complete Study Guide (2026) — PDF + EPUB, $24.99 · 14-day refund →
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