Pay Back is a … Beach … or a Reimbursement
California labor law section 2802 requires that employees be reimbursed for all expenses incurred during and for work. The most common reimbursements include: uniforms, mileage and other travel expenses.
California Labor Code section 2802(a) states:
“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.”
Mileage
Currently the IRS will allow a deduction of .55 cents per mile to be claimed on your tax returns if you were not already reimbursed for these miles. While there is no labor law requiring that employers reimburse at this specific rate, it is a pretty good guideline and most companies trying to avoid a lawsuit typically follow closely to this amount. Often employees can have questions about how many miles they can claim and whether or not they can include the miles they drive from home to work. This can get confusing, especially if you don’t go to the same place every day for work, or if during your drive restrictions are placed on you such as who can be in your car, or being required to be available for communication. If you have questions it is best to contact an experienced California labor law attorney to discuss your specific situation.
Uniforms
California labor code section 2802, Industrial Relations Order Section 9 also discusses uniforms : “The term “uniform” includes wearing apparel and accessories of distinctive design or color.”
In basic terms this means that if the employer requires you to have very specific clothing or accessories, the employer must either provide it or reimburse the employee for it. A larger number of employers have got themselves into hot water by requiring employees to purchase their uniforms directly through the company. Other employers have wised up and now offer uniforms in exchange of a deposit. This means the employee will allow funds to be taken out of their pay to cover the uniform but when the employee turns in the uniform this amount will be refunded to the employee.
Labor law is complex; if you have any questions regarding your employment it is recommended that you contact a California labor law attorney who can help you understand your rights, and in many cases will review your situation without charge.
Photo Credit: Shutterstock/MBK Photos