California Labor Code section 2802

Posted on Posted in Law

The California Labor Code section 2802 entitles employees to receive expense reimbursement for all work related costs. These expenses include and are not limited to trainings, mileage, tools, supplies and equipment. In some cases, legal expenses accrued due to work may be reimbursed. Typically, companies have policies and procedures that govern and set deadline on how indemnification will be requested and released.
Unfortunately, there are some employers who use these policies and procedures to evade payment of work-related expenses. There are a lot of clients who consult a California Wage Law Attorney to know what the law provides for them. One question that gets asked so often: In case of conflict between the law and the company policies and procedures, does the requirement of the law override company rules?
Specifically, the California Labor Code section 2802 states that:

“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.”
“Any contract or agreement, express or implied, made by any employee to waive the benefits of this article or any part thereof, is null and void.”
The statute clearly enunciates the employer’s duty to reimburse all work-related expenses. It also states that there are no internal policies and procedures can nullify nor void this law. There have been numerous cases filed in different California courts against employers who, intentionally or unintentionally, failed to reimburse work-related expenses. Majority of these cases ended in favor of the employee.
Under the California Labor Code, it is the duty of the employer to ensure that all employees receive indemnification for all reimbursable expenses. Although internal policies and procedures are needed to streamline expense reimbursement process, the employer should make every effort to ensure that employees get what they are due.
If you have any issues with regards to expense reimbursement, feel free to contact CaliforniaWageLawAttorney to help you claim what is owed to you.

One thought on “California Labor Code section 2802

  1. I work for a courier company and use my own car,they pay me 29 cents per mile plus the standard minimum wage,but I see that the standard reimbursement is 57.2 cents .this company adjust the amount they want to pay according to the price of gas is this legal?

Leave a Reply

Your email address will not be published. Required fields are marked *