Required Remote Worker Reimbursements Often Ignored by Employers in California

Employees who work from home have the same protections as office workers. If you are a remote worker, it is critical to understand the required remote worker reimbursements often ignored by employers in California. An employment reimbursement lawyer can take steps to make sure your employer does not infringe upon your right to be reimbursed for work-related expenses.

Reimbursable Work-Related Expenses

California’s Labor Code 2802 requires employers to reimburse reasonable and necessary expenses incurred by employees to perform their jobs. Employers may provide a list of reimbursable expenses, but it may not cover all legally required reimbursements. Reimbursable expenses must be directly related to job duties. Partial reimbursement may be provided for expenses partially related to work.

Anyone who works in an office can request reimbursement from their employer for expenses like office supplies, uniform costs, travel expenses related to work, conference fees, registration fees, and cell phone services for work phones.

Employers are obligated to reimburse workers for these expenses. If an employer fails to reimburse employees for necessary work expenses, the Labor Commissioner can issue a citation, and the employer may be required to pay the due amount to the employee following the established legal procedures. Employees also have recourse to sue their employer for unreimbursed expenses.

Common Remote Worker Expenses That Should Be Reimbursed

Around 22 million Americans work from home. The rise of remote work has left some wondering if the standing laws for office reimbursements also apply to workers who work from home. The good news is that the state labor code guidelines for employer reimbursements apply for work at home as long as the expenses in question are needed to fulfill work-related duties.

• Equipment: Remote work often requires purchasing computers, laptops, tablets, printers, and other necessary hardware. If your job requires internet access, you can ask your employer for payment for internet routers, internet service bills, and a portion of your phone bills.
• Home office supplies: You can ask for payment for out-of-pocket expenses for items such as pens, paper, ink cartridges, and other office supplies necessary to perform your job. Invoicing on a regular basis may be easier for your employer, plus it creates a paper trail record.
• Mileage: If you are required to use your personal vehicle for work-related travel, you should be reimbursed for mileage expenses at the IRS standard mileage rate.
• Professional Development: Costs related to job-specific training, courses, and certifications that benefit your work. Remember to keep receipts for all of these costs and fees.
• Travel Expenses: Remote workers also incur travel-related expenses for work-related trips, lodging, meals, highway tolls, and other forms of transportation costs.

It is important to keep records of business-related purchases. Your employer may ask to see receipts. Once an expense is reimbursed by the employer, the reimbursed item becomes the company’s property.

If the employee leaves their place of work (voluntarily or through termination) the company may request the return of the expensed property. This can pose problems for some remote employees who may prefer to cover the initial cost themselves in order to retain ownership of the item.

How an Employment Attorney Can Help You Recoup Past Expenses

An experienced employment attorney can help you in several ways. If you are transitioning to remote work, it is important to have expectations for reimbursements outlined and agreed upon by both parties.

An employer in California must reimburse lawful expenses. If they do not, they risk a claim for recoupment of those expenses, along with interest, lawyer fees, and possible civil penalties. Reimbursement for work-related expenses is mandated by law. Specifically, California Labor Code Section 2802, and these rights cannot be waived by any contract provision.

Even when the law is on your side, it often takes the work of an employment lawyer to protect your rights and compel your employer to pay you for work-related expenses you have paid for.

FAQs

What Is the Remote Work Reimbursement Law in California?

California’s Labor Code protects the rights of workers to seek reimbursement for out-of-pocket pocket expenses that are related to work. The protections apply to employees who work remotely. If your employer refuses to pay you back for work-related costs you incurred, you can hire an employment lawyer who can take legal action against your employer. You may be able to receive compensation for past expenses as well as recent work-related expenses.

Can an Employer Refuse to Reimburse Expenses in California?

It is unlawful for any employer to refuse to reimburse you for expenses that are related to your work. Employers who refuse to pay back workers can be issued a warning citation by the Labor Commissioner. Violators of the labor code can also be sued by an attorney representing the worker whose rights were violated.

What Are the Most Common Things That an Employer Should Pay You Back For?

Common business expenses that your employer must reimburse you for include conference fees and mileage reimbursement for work-related trips. Any conference or training seminar that you are required to attend should not come out of your pocket. Keep receipts of workplace expenses for your records.

Do Employers Have to Reimburse Work From Home Expenses?

Yes. Remote employees have the same rights as workers who work in the office. Those rights include the ability to be reimbursed for work-related expenses. Record your expenses and keep receipts. If your employer refuses to pay you back, you can hire an employment lawyer to take legal action against your employer.

Schedule Your Remote Worker Reimbursement Consultation Today

As a remote worker, you have the same rights and protections as anyone who works in the office. If your employer thinks otherwise, you can rely on the services of an employment attorney to protect your rights.

The attorneys at Shirazi Law Firm, PC, have helped many remote workers receive compensation that is owed to them. We can help you protect your employee rights. To schedule your remote worker compensation consultation, contact our office today.