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In addition to paying for travel time, under California Labor Code section 2802, employers are responsible for paying employees’ “necessary” business expenses, including travel-related expenses. California Labor Code Section 2802 obligates employers to reimburse their employees for all expenses incurred during the discharge of their duty. Why $500/month runs afoul of California Labor Code 2802 (a) If you have employees in California, precede with extreme caution, especially if paying a flat, taxable car allowance. If an employer fails to … By ... a multitude of nuances once one examines all the different costs that arise in the employment context and the various Labor Code and Wage Order provisions that apply. A policy which prescribes the use of authorized forms submitted within a designated time period will ensure that reimbursement requests are timely for budgeting, billing and tax purposes and ensure that all employees are treated consistently. Such equipment is mandated by OSHA. California courts have adjudicated several reimbursement claims. Labor Code § 2802 requires California employers to reimburse employees for all necessary expenditures incurred in the performance of their duties. . Any interested person, or authorized representative, may submit written comments to DLSE relevant to the proposed regulatory action. California Labor Code § 2802: Employers Duty to Reimburse California Labor Code section 2802 requires employers to reimburse employees, “for all necessary expenditures or losses incurred by the employee” while completing work duties. California Labor Code section 2802 has been around for a long time (since 1937, to be exact). To clarify this indemnification obligation under section 2802, the California Division of Labor Standards Enforcement has proposed new travel and expense regulations. California Employment law requires employers to reimburse employees for all “necessary” expenses they incur while performing their jobs. As this year was in its infant stages, it was a good bet that legislative action on both the national and state levels could make it a watershed year for the agricultural industry. Department of Industrial Relations Employers sometimes focus on federal tax-related rules and impose “per diem” expense limits set by the Internal Revenue Service. If you have employees receiving a car allowance or even a mileage reimbursement you could be exposed. California Labor Code section 2802 has been held to cover the following types of necessary expenses: Personal Vehicle Usage: Employers must reimburse employees who use their personal vehicles in completing job duties, typically at the IRS’ standard mileage rate. This indemnification obligation can also include liability for an employee’s unlawful behavior when the employee was acting on the orders of the company. Gattuso v. The California Labor Code Section 2802 states that employers must reimburse employees for all necessary, job-related expenses or losses the employee incurs, such as tools, supplies, travel expenses, mileage, food, lodging, and other business expenses. There is an exception to the ‘to and from’ work exemption. An example is a foreman who transports drinking water, bathroom supplies or tools in his personal truck. Section 2802 of the California Labor Code requires employers to reimburse their employees for the reasonable and "necessary" expenses they incur in direct consequence of discharging their job duties. If an employee’s duties require the use of the employee’s car, the employee should receive reimbursement for automobile expenses such as mileage, gas, and wear and tear. Some guidance on what expenses must be covered under Labor Code§ 2802 is in the Wage Orders. Many agricultural employers do not realize they have incurred travel expense obligations when they require employees to use their personal vehicles for work. In general, non-exempt harvesters would not be able to claim reimbursement for personal cell use. Email: sesmith@dir.ca.gov They have alternatively been referred to by various monikers, including but not limited to: “personnel transport platforms,” “personnel transportation units,” “tractor personnel carriers,” and “tractor baskets,” among other names.  But the Division of Occupational Safety and Health (“DOSH”), bett, Almost every time the Western Growers’ Board of Directors meets, it has to read and hear lengthy reports on a growing list of anti-business legislation and regulations proposed or in force in California.  The directors from Arizona cast glances at one another and smile.  You can almost hear them. All comments must be submitted in writing (by mail, fax, or email) and received by that time by DLSE's Regulation Coordinator. DLSE has scheduled one public hearing on this proposed adtion: Please note that public comment will begin promptly at 10:00 a.m. and will conclude at 12 noon or when the last speaker has finished his or her presentation, whichever occurs last. Costs of doing business in California. In general, employers must reimburse the cost of uniforms, travel expenses, tools and equipment required for the job. Corbett H. Williams Employment Law. Cell phones are ubiquitous in the fields among employees, foremen and supervisors. In agriculture, most employers have policies requiring sturdy shoes and prohibiting open-toe footwear. California Labor Code § 2802. Employers are not only liable for a judgment entered against an employee for wrongful conduct, they are also required to pay the cost of the employee’s defense in such cases. 801 "K" Street, Suite 2100 If you are paying a $500 monthly car allowance to employees that reside in California, it could pose serious problems. The new Illinois law mirrors key language in California Labor Code Section 2802, California's expense reimbursement law. Fax: (916) 322-1267, (Elevator, Ride & Tramway, Pressure Vessel), Permits, Registrations, Certifications, & Licenses, Worker Safety & Health in Wildfire Regions, Electronic Adjudication Management System, Commission on Health and Safety and Workers' Compensation (CHSWC), Locations, Contacts, and Hours of Operation, Licensing, registrations, certifications & permits. California law mandates that employers reimburse employees for work-related expenses. The difficulty of distinguishing between personal use and business use has led most employers to simply provide phones to their management staff. Under section 2802 of the California Labor Code, “[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.” Cal. Labor Code § 2802 requires California employers to reimburse employees for all necessary expenditures incurred in the performance of their duties. An employer’s obligation under Labor Code section 2802 requires it to compensate an employee for all expenses actually and necessarily incurred. Motus Logo Platform Once the policy is established, the company should use specific reimbursement forms designed by the employer. Necessary expenses such as cell phone use, special gear, supplies or.!, most employers have policies requiring sturdy shoes and prohibiting open-toe footwear regulations. 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