If you have to use your personal cell phone for work-related communication, you are not alone. Many employees expend their cell phone battery life, call and text rates, and cellular data to do work tasks. Fortunately, in California, this may mean your employer owes you cell phone reimbursement for the financial losses incurred during the work day.
To understand if your employer owes you reimbursement or back pay under California Labor Code Section 2802, speak with the leading employment lawyers at Blackstone Law. Our experienced legal team helps you understand your legal rights and options. If your employer does not reimburse you for work-related cell phone use, you may seek a legal claim for economic damages. Our lawyers will conduct an extensive investigation into the details of your claim and build a case on your behalf.
Guide to Cell Phone Reimbursement in California
The Fair Labor Standards Act (FLSA) might not explicitly demand employers to cover employees’ cell phone costs, but California law has its own employment requirements. According to California Labor Code Section 2802, employers must pay back these expenses. Additionally, the FLSA ensures employees’ take-home pay does not fall below the minimum wage after covering job-related expenses, like cell phone bills, as described by the Society for Human Resource Management (SHRM). So, if you are in California and regularly use your personal phone for work communication or tasks, you should know that the law is on your side for recovering those costs.
In the 2014 case of Cochran v. Schwan’s Home Services Inc., the California Court of Appeals ruled that employers need to cover “a reasonable portion” of an employee’s cell phone bill if that phone is used for work-related communications. The Court mentioned that given the variety of cell phone plans and the nuances of work-related usage, determining the exact reimbursement amount should be decided by the trial court in each specific instance.
Essentially, the Court’s perspective was straightforward: if employees use their personal phones for work matters, they are essentially covering a portion of the company’s operational costs. Thus, it is only fair they recover compensation for a part of their phone bills.
Other Types of Expenses an Employer May Be Required to Reimburse
In California, employers must cover other types of work-related expenses other than cell phone reimbursement, including the following:
- Internet and computer costs
- Travel-related expenses, such as mileage and parking
- Hotel stays and work-related accommodation
- Uniforms
- Necessary work supplies and equipment
Furthermore, as per California Labor Code Section 2802, when employees are mandated to work from home, employers should anticipate covering any related losses or expenditures of remote work. If your employer has failed to reimburse you for work-related losses, speak with the lawyers at Blackstone Law for an assessment of your claim.
Speak With the Leading Employment Lawyers at Blackstone Law
Navigating the intricacies of California’s reimbursement laws can be challenging, especially in today’s rapidly evolving work environment. If you are an employee bearing out-of-pocket expenses or have an employer who has failed to reimburse economic losses, do not handle this situation alone. Speak with the leading employment lawyers at Blackstone Law. We are well-versed in California employment laws and will fight for the compensation you deserve, including representing your best interests in trial if necessary.
Schedule a free consultation today with one of our dedicated employment lawyers by calling (310) 956-4054 or filling out a contact form.