Most of us are required to use our personal cell phone to some degree for work-related purposes. And there’s no denying that all those calls, texts, online searches, and data usage can add up very quickly. That’s why it’s essential for workers to have a clear understanding of cell phone reimbursement in California.
California’s Labor Code Section 2802 details the work-related costs that must be reimbursed by employers. However, there are nuances where the distinction between personal and professional expenses is not black and white. With that in mind, we invite you to contact our office and talk to an employment rights violation attorney. Based on the circumstances, you may have grounds to file a breach of contract claim against your employer for not reimbursing work-related call phone usage.
Legal Basis for Cell Phone Reimbursement by California Employers
Cell phone costs related to one’s job duties are not explicitly covered in the federal government’s Fair Labor Standards Act (FLSA). However, California law does require employers to pay for these expenses under Labor Code Section 2802.
Another important aspect of the law concerns the FLSA’s requirement to ensure that job-related expenses – like cell phone bills – do not cause the employer’s wages to fall below minimum wage. Thus, if you are a California employee who regularly uses your personal phone for work tasks or communications, both federal and state laws offer protections to help you recover work-related expenses.
Cochran v. Schwan’s Home Services Inc. is one of the landmark cases that established cell phone reimbursement by employers. In this case, the California Court of Appeals ruled that “a reasonable portion” of a worker’s cell phone bill must be covered by the employer if it’s clear that the phone is used for work-related communications. However, the portion that should be reimbursed has to be decided on an individual basis according of the court due to the variety of phone plans and what counts as job-related usage.
This is a fairly straight-forward and balanced ruling as far as we are concerned. In essence, if a personal phone is used to conduct business in the interest of the employer, the employee is contributing to the company’s operational costs. Therefore, the employee has a right to expect compensation towards their monthly cell phone bill.
What Other Expenses Must be Reimbursed by an Employer?
Aside from cell phone bills, here are some other expenses that may qualify for reimbursement by an employer:
- Computer / internet costs
- Expenses related to work travel, like airfare and parking fees
- Cost of hotel stays and other work-related accommodates
- Purchase of uniforms
- Office supplies and work equipment
Employers also have reimbursement obligations to staff members that work from home or another remote location. These workers must also receive payment for monetary losses and expenditures that are associated with their job duties. If you are having disputes with your employer over remote work-related expenses, contact our law firm to speak with a California employment lawyer.
Consult a Trusted Authority on California’s Labor Laws
Protecting workers’ rights and ensuring compliance with federal and state labor laws is challenging, particularly in today’s work environment, where using mobile devices is unavoidable. If you are left with economic losses that you are entitled to recover from your employer, it’s important to have a legal advocate by your side. The employee rights lawyers of California Labor Law Employment Attorneys Group are ready to fight for you and the compensation you deserve.
Please note that you will never be asked to pay out of pocket, since we operate under the Zero Fee Guarantee. Our payment is based on our ability to win your case, so we only get paid if you receive compensation from an employment rights violation claim against your employer.
A free case review is the best way to learn about your rights and legal options, so contact us 24 hours a day, 7 days a week.
