Tool and Expense Reimbursements

Protecting Your Rights When Your Employer Won’t Reimburse You

California Labor Code Section 2802, requires employers to reimburse employees for all necessary expenses incurred as a direct consequence of performing their job duties. The right to reimbursement is a statutory right that cannot be waived.  The purpose of this law is to prevent employers from passing on their operating expenses to employees.  If you work in a position where you are required to use tools, buy supplies, or work from a home office, you should know you have reimbursement rights under the law.

If your employer is not reimbursing you for these costs, your rights may have been violated.

Workplace Tools and Supplies

In California, you are entitled to reimbursement for tools, clothes, cleaning of uniforms, products such as cellphones, and other supplies you pay for yourself. Common reimbursable expenses include:

• Use of a personal vehicle for work purposes
• Use of a personal cellphone
• Home office expenses, including internet service or other services/supplies
• Safety equipment such as glasses, boots, and gloves
• Uniforms and work clothes, including laundry and cleaning costs

These costs can add up over time, and if your employer’s policy is to try and avoid paying these expenses by passing them on to employees, it could be breaking the law in order to reduce cost and increase profit.

Home Office Expense Reimbursement

For example, when employers expect employees to work from home, the employer is required to reimburse all expenses involved in providing and maintaining the home office. It does not matter whether home office expenses are paid for by a third person, or at all. In addition to the office space itself, home office expenses that must be reimbursed include:

• Phones and monthly plans (landline or cell phone) for making or receiving work calls, emails, or text messages
• The reasonable cost of necessary home office utilities such as internet, heating, ventilation and air conditioning, water, electricity, and garbage service
• Furniture and supplies necessary to operate a home office

The cost of operating an office from home can add up over time. Under California law, employees have the right to file a civil claim for both damages and penalties where these expenses are not fully reimbursed.

Pursuing a Claim Against Your Employer

Whether your employer is not reimbursing you not reimbursing you at all, or reimbursing you for less that the full cost of work-related expenses, you have the right to contact an attorney and pursue a claim. Under the law, you can file a civil claim against your employer seeking compensation for unreimbursed expenses, plus reasonable attorney fees and costs incurred.

Frequently Asked Questions

What expenses must my employer reimburse in California?

Under Labor Code 2802, your employer must reimburse all necessary expenses you incur as a direct result of doing your job. Common examples include business use of a personal vehicle, work use of a personal cellphone, required tools and supplies, safety equipment, uniforms and their cleaning, and home office costs such as internet and utilities.

Does my employer have to reimburse me for working from home?

Yes. When you are required or expected to work from home, your employer must reimburse the reasonable expenses of setting up and maintaining the home office, including a portion of phone, internet, and utility costs, regardless of whether someone else also pays for them.

Can I be required to waive my right to reimbursement?

No. The right to reimbursement under Labor Code 2802 is a statutory right that cannot be waived, even if you signed an agreement stating otherwise.

What if my employer reimburses only part of my expenses?

You may still have a claim. The law requires full reimbursement of necessary work expenses, so paying only a portion, or paying late, can be a violation.

What can I recover if my employer fails to reimburse me?

You can file a civil claim for the unreimbursed amounts, plus interest and your reasonable attorney’s fees and costs. Penalties may also apply.

Schedule Your Free Consultation

At Righetti Law in San Francisco, our attorneys represent employees in California state and federal courts and have decades of experience handling wage-and-hour and class action matters. We have recovered millions for our clients in court and in settlement.

Your consultation will be confidential, and we will not contact your employer.

Call our firm at 415-983-0900 for a complimentary, confidential consultation. You may also complete our online contact form.