California Labor Code 2802
- Blog
- California Labor Code 2802
Every single penny in your paycheck belongs to you. Learn how CA Labor Code 2802 ensures your employer pays for expenses.
California Labor Code 2802 requires employers to pay back employees for job-related expenses like mileage, internet, and supplies. Learn to protect your rights and make your employer follow the law.
Have you ever been asked to buy supplies or cover expenses for your job, only to find that your employer didn’t reimburse you? If this sounds familiar, you’re not alone and shouldn’t be stuck footing the bill. California Labor Code Section 2802 protects you from paying for work-related expenses out of your own pocket. The law requires employers to reimburse employees for expenses necessary for doing their job, from mileage to office supplies to internet usage. If your employer dodges this responsibility, it’s not just unfair—it’s illegal.
Working with an employment lawyer in California can help you enforce your rights and ensure you aren’t exploited. You deserve to work without being penalized for simply doing your job. In this article, we’ll break down Labor Code 2802 in a friendly and straightforward way so you can understand exactly how it works, what it covers, and what you can do if your employer violates it. Let’s dive in!
What is California Labor Code Section 2802?
Simply put, California Labor Code Section 2802 requires employers to reimburse workers for necessary expenses incurred as part of their job. This safeguard prevents employers from offloading their business costs onto their employees. Whether you're driving your personal car for business, using your cell phone, or purchasing supplies your job requires, your employer is responsible for reimbursing those costs.
The law is clear: if an expense is necessary for you to perform your duties, your employer must cover it. And if they don't? They're violating the law, plain and simple.
What Does Labor Code 2802 Cover?
Section 2802 of the California Labor Code covers any expense that is necessary and directly related to an employee’s work. But what exactly does that mean? Let’s break it down into common categories:
Mileage Reimbursement
If you're using your personal car to run work errands, travel between job sites, or meet clients, you shouldn’t be paying for gas, wear and tear, or insurance out of your own pocket. California Labor Code 2802 mileage reimbursement requires employers to cover the costs of using your personal vehicle for business purposes. Most employers do this by reimbursing you at the IRS standard mileage rate, which covers fuel, maintenance, and depreciation of your vehicle.
Internet Reimbursement
Today, many employees must work from home or use the internet for work-related tasks. California Labor Code 2802 internet reimbursement means that if you’re paying for home internet to do your job, your employer should be covering that cost—or at least a fair portion of it. The same applies if you use your personal cell phone for work; your employer should compensate you for that usage.
Equipment and Supplies
Whether it’s office supplies, uniforms, or specialized tools, if your employer expects you to purchase equipment or materials to perform your job, CA Labor Code Section 2802 says they need to reimburse you. This extends to any required training or certifications you must obtain to do your job effectively.
Other
Under California Labor Code 2802, necessary work expenses go beyond internet, mileage, and office supplies. Employers must also reimburse costs like work-related travel (airfare, hotels, taxis, Ubers, Lyfts), personal cellphone use, uniforms, tools, training fees, and even meals during business trips. Smaller expenses, such as parking or tolls while on the job, also qualify. If you’re uncertain whether an expense should be reimbursed. In that case, it’s best to consult an employment lawyer in California to clarify your rights and ensure you get the full reimbursement you're entitled to under the law.
Why Is Reimbursement So Important?
Imagine getting by on a modest salary and then being asked to spend hundreds—or even thousands—of dollars on expenses like gas, internet, or tools. It’s unfair and places an unnecessary burden on workers. That’s exactly why California Labor Code 2802 exists: to ensure employers, not employees, bear the cost of doing business.
Let’s add up some common minimal work expenses over a month to show how quickly they can pile up over a year:
- Mileage. If you drive 100 miles for work each month (about 3-4 trips), at the 2024 IRS rate of $0.655 per mile, that’s $65.50 per month.
- Internet. If your work requires home internet and you pay $50 monthly, and only half is work-related, that’s $25 per month.
- Parking. Parking for work (not daily parking - but say you have to visit a client) 4 times a month at $10 each time totals $40 per month.
That’s $130.50 per month, which adds up to $1,566 annually in out-of-pocket expenses. These costs should be reimbursed under California Labor Code 2802!
Without proper reimbursement, employees could end up subsidizing their employer’s business expenses, which is not only unjust but illegal. You should be able to perform your job without the added stress of financial strain due to unreimbursed costs. And when employers fail to uphold their end of the deal, you have the right to fight back.
What If Your Employer Refuses to Reimburse You?
Let’s face it—some employers don’t follow the rules. Whether they’re ignorant of the law or are deliberately trying to cut costs, some employers may refuse to reimburse you for expenses you’ve incurred. This is where it gets frustrating, but don’t worry—you’re not alone and have options.
If your employer refuses to reimburse you for legitimate expenses, you can—and should—take legal action. California Labor Code § 2802 gives employees the right to file a claim against their employer for any unpaid reimbursements. You can recover the total amount you’re owed, interest, and even attorney’s fees if you win your case.
In these situations, working with experienced consumer law attorneys or an employment lawyer in California is essential. They’ll help you gather evidence, file your claim, and represent you in court if necessary. The goal is to get back every penny you’re entitled to, plus any additional compensation you may deserve for the hassle you’ve been put through.
How to Ensure You Get the Reimbursements You Deserve
The key to getting reimbursed is documentation. Keep a detailed record of all work-related expenses, including receipts, mileage logs, and bills. This will help you build a strong case if your employer tries to deny your reimbursement request.
Here’s a quick checklist of what you should be documenting:
- Receipts. Whether it’s gas, office supplies, or a new laptop for remote work, save all receipts for work-related purchases.
- Mileage Log. If you’re using your car for work, keep a detailed log of your business miles driven, including dates and destinations.
- Bills. Keep track of any phone or internet bills that reflect your work-related usage.
If your employer denies your reimbursement, having this documentation will make it much easier to prove that the expenses were necessary and related to your job.
Why You Should Work with Consumer Law Attorneys
When employers violate California Labor Code Section 2802, it can feel overwhelming and stressful. But you don’t have to handle this fight alone. By working with consumer law attorneys, you can level the playing field and make sure your rights are enforced.
We will:
- Assess your case. We can help you determine which expenses qualify for reimbursement and how to document them.
- File a claim. If your employer refuses to reimburse you, we will file a legal claim against them.
- Recover attorney fees. California law allows you to recover attorney’s fees as part of your claim, meaning your employer may end up paying for the legal representation you needed to get your money back.
- Negotiate on your behalf. If your employer is willing to negotiate, we can help ensure you get a fair settlement without going to court.
How Long Do You Have to File a Claim?
Under California Labor Code 2802, employees have a three-year statute of limitations to file a reimbursement claim. This means you have three years from the expense date to demand reimbursement. However, acting quickly is always a good idea, especially if you suspect your employer is intentionally trying to avoid their responsibilities.
Take Action Today
You work hard for your paycheck. And when we say, “You work hard for your paycheck,” we mean you work hard for every single cent in your paycheck. You shouldn’t have to sacrifice any part of it because your employer neglects their legal duty to reimburse you. Whether it’s for California Labor Code 2802 mileage, California Labor Code 2802 internet reimbursement, or any other necessary expense, you have the right to be paid back in full.
If your employer has refused to reimburse you, it’s time to stand up for yourself and fight for what you’re owed. Don’t wait until you’re overwhelmed by costs you shouldn’t have to bear.
Contact a knowledgeable employment lawyer California or consumer law attorney to get your needed help. You deserve to be compensated for every expense you’ve incurred doing your job, and with the right legal support, you can get the reimbursement you’re entitled to.
Contact Consumer Attorneys today for a consultation, and let us help you protect your rights under CA Labor Code 2802!
With the reimbursement protections California Labor Code 2802 provides, you have the legal backing you need to ensure your employer covers any job-related expenses. Don't hesitate to enforce your rights!
You Can Reach Us In Our Encino Office
By Phone: +18667306263
Via Email [email protected]
By visiting our office in LA: 16130 Ventura Blvd Suite 300, Encino, CA 91436
Frequently Asked Questions
Yes, under California law, employees generally have up to three years to request reimbursement for work-related expenses, according to California Labor Code 2802. The statute of limitations starts from the date the expense was incurred. However, it’s wise to submit your reimbursement request as soon as possible to avoid any issues with documentation or delays. Some employers may also set internal deadlines for submitting expense reports, but these policies cannot override your legal right to reimbursement under state law. If you face resistance or delays in getting reimbursed, it’s crucial to consult an employment lawyer to ensure your rights are protected.
Employers can set reasonable policies for submitting reimbursement requests, such as requiring receipts or expense reports, but these policies cannot limit or deny your right to reimbursement for necessary job-related expenses. For example, if your employer sets a policy that arbitrarily caps reimbursement at a certain amount, this would likely violate California Labor Code Section 2802. The law ensures that employers fully reimburse employees for any necessary expenses they incur while performing their duties. If your employer’s policies feel restrictive or unfair, it’s worth discussing your situation with an employment lawyer in California to clarify your rights and explore legal options.
If an employer fails to reimburse necessary work-related expenses, they are in violation of California Labor Code 2802, and employees have the right to take legal action. The employee can file a claim for the full reimbursement amount plus interest. In some cases, the employer may also be responsible for covering the employee’s attorney fees if the case goes to court. Failure to reimburse can lead to costly legal consequences for employers, including penalties. If you’re facing a situation where your employer refuses to pay you back for valid expenses, working with consumer law attorneys can help you recover what you’re owed while holding the employer accountable.
In addition to internet, mileage, and office supplies, California Labor Code 2802 covers a wide range of other necessary work expenses. These include costs for work-related travel (such as airfare or hotel stays), personal cellphone usage, uniforms, tools, training or certification fees, and even meals during business trips. Essentially, any expense that is required for you to do your job should be reimbursed by your employer. Even small costs, like paying for parking or tolls while on work-related errands, qualify for reimbursement. If you’re unsure whether an expense should be covered, consulting an employment lawyer in California can help clarify your rights under the law.
Daniel Cohen is the Founder of Consumer Attorneys. Daniel manages the firm’s branding, marketing, client intake and business development efforts. Since 2017, he is a member of the National Association of Consumer Advocates and the National Consumer Law Center. Mr. Cohen is a nationally-recognized practitioner of consumer protection law. He has a we... Read more
Related Articles
