EmploymentQuestion 554 of 690
A field supervisor is required by the contractor to use her personal cell phone to call subs and receive jobsite photos. Under Labor Code §2802, the contractor must:
a.Reimburse a reasonable percentage of the employee's cell-phone bill
b.Reimburse only if the employee asks in writing each month
c.Provide nothing, because the phone plan is the employee's personal expense
d.Pay only the cost of incoming calls that exceed her monthly minutes
Explanation
Section 2802 requires employers to indemnify employees for all necessary expenditures incurred in direct consequence of their duties. California case law (Cochran v. Schwan's Home Service) holds that when employees are required to use personal cell phones for work, the employer must reimburse a reasonable percentage of the bill, even if the employee incurred no extra out-of-pocket charge.
Law Reference: Labor Code §2802Practice all 690 questions free — no signup required.
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