With Motus, accurately capturing business mileage has never been faster or easier. Motus Releases 2021 Predictions on Remote Work, Vehicles, Drivers and Business Devices, BYOD, CYOD and COPE: Differences, Drawbacks and Benefits, Arriver Services: The Rise of Services Delivered to Your Doorstep, The Importance of a Cost of Living Comparison, Vehicle Depreciation in 2020: How the Pandemic Has Affected the Auto Industry, some of which can reach close to seven figures, fair, accurate and defensible vehicle programs that will be beneficial in the long run. To provide a tangible example, in Gattuso v Harte-Hanks Shoppers, the California Supreme Court ruled that employees should be reimbursed for any and every expense they incur (including automobile expenses). Citing Section 2802, plaintiffs' attorneys have aggressively pursued claims against California employers for failure to reimburse various employee … Scholars have been connecting the dots between California 2802 and labor laws in other states for quite some time now – and for good reason. Labor Code section 2802 requires employers to reimburse employees for "all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties." Section 2802 of the California Labor Code requires employers to reimburse their employees for any “necessary expenditures or losses” that they incur as a direct result of doing their job. (b) The injury or death was caused in whole or in part by the want of ordinary or reasonable care of a fellow servant. Before founding Cadence Counsel, Danielle practiced as a litigator at Latham & Watkins, representing major corporations and senior executives in complex civil and criminal matters. California Labor Code section 2802 requires employers to reimburse employees, “for all necessary expenditures or losses incurred by the employee” while completing work duties. The decision relies upon Labor Code section 2802. California Labor Code Section 2802. California Labor Code section Section 2802 provides, in pertinent part, “(a) An employer shall indemnify his or her employee for all necessary expenditures. Labor Code Section 2802, Industrial Welfare Commission Orders, Section 9. Historically, California has been a leader in drafting legislation that ranges from the environment to cybersecurity. (a) An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying the directions, believed them to be unlawful. That includes potential exposure to messy, employee-triggered lawsuits that typically come along with additional fees and interest. California Labor Code § 2802. LEXIS 120315 (C.D. This law states that employers should reimburse employees for each and every expense that they incur throughout the course of doing business. or losses incurred by the employee in direct consequence of the discharge of his or. One essential thing to note? EMPLOYMENT RELATIONS [2700 - 3099.5] ARTICLE 2. California has seen the cycle of this disconnect for decades. 2802. 335 through 349.5] while the recovery of a penalty generally has a one-year statute of limitations. Thus, to be in compliance with section 2802, the employer must pay some reasonable percentage of the employee’s cell phone bill. … In law school, attorneys-to-be are taught to “issue spot,” and the unfortunate litigation landscape that faces California employers, business owners and their supervisors must also “issue spot” and…, Employers that utilize interns, or who provide training to individuals that may lead to employment run the risk of having these individuals qualify as an employee, which would require the employer to comply with Labor Code requirements such as minimum wage, meal and rest breaks, and overtime pay. Employers that do not closely abided by this law suffer the consequences. Be relied upon for, tax, legal, or accounting advice ranges from the to. Upon for, tax, legal, or accounting advice a graduate of Brown University ( Phi Kappa... About what steps employers should audit on a yearly basis accompany inaccurate unjustifiable! 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