MCLE Self-Study: When Remote-Work Expenses Must Be Reimbursed Under Labor Code Section 2802
By Sebastian Miller
Sebastian Miller is a solo practitioner in Santa Clara. He worked in biglaw for seven years before founding his current firm and now focuses on litigating employment claims on behalf of employees. He can be reached at (408) 348-1728 and his email address is: firstname.lastname@example.org.
Remote work is a fact of life for many exempt employees. Employers expect them to be available by phone and email on short notice, and often ask that they use computers to perform work late at night and on weekends. Employees must have cell phones with data plans, home internet access, and a laptop or similar device in order to meet these demands. This article addresses when and to what extent California Labor Code section 2802 requires that employers reimburse employees for these sorts of remote-work expenses.
Elements of a Claim for Remote-Work Reimbursement