Do I Need to Reimburse Employees for Cell Phone Use in CA?

Question from fp, Do I Need to Reimburse Employees for Cell Phone Use in CA?

Answer from AI:

In California, employers are generally required to reimburse employees for necessary business expenses, including cell phone use, even if the phone is only used for contacting them about schedule changes or cancellations. This requirement is based on California Labor Code Section 2802.

Understanding California Labor Code Section 2802

California Labor Code Section 2802 states that employers must reimburse employees for all necessary expenditures or losses incurred as a direct consequence of their job duties. This includes:

• Tools and equipment
• Uniforms
• Travel expenses
• Cell phone use

When Reimbursement is Required

Even if the cell phone is not used during the work shift, if it is necessary for the employee to use their personal cell phone to receive schedule changes or cancellations, the employer must reimburse a reasonable portion of the cell phone bill. This was clarified in the case of Cochran v. Schwan’s Home Service, Inc. (2014), where the court ruled that employers must reimburse employees for a reasonable percentage of their cell phone bills if they are required to use their personal phones for work purposes.

Steps to Ensure Compliance

To comply with California Labor Code Section 2802, employers should:

1. Determine the necessity of the cell phone use for business purposes.
2. Calculate a reasonable reimbursement amount. This can be a percentage of the employee’s cell phone bill that reflects the proportion of work-related use.
3. Implement a clear reimbursement policy and communicate it to employees.
4. Keep records of reimbursements and the basis for the calculation.

Consulting a Legal Professional

While this information provides a general overview, it is important to consult with a legal professional to ensure compliance with all applicable laws and to address specific circumstances. Legal advice is crucial for personalized guidance and to avoid potential legal issues.

For more detailed information, you can refer to the [California Labor Code Section 2802](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=2802) and the [Cochran v. Schwan’s Home Service, Inc. case](https://caselaw.findlaw.com/ca-court-of-appeal/1664424.html).

Remember, ensuring proper reimbursement practices not only complies with the law but also fosters a fair and supportive work environment.