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similar but with slight twist

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  • similar but with slight twist

    Probably identical work but I am being told that I have to pick-up qnd transport work materials to each stop. Does the company bear anymore liability for my vehicle or insurance since it is not my choice to do this? Can they require you to pick up and/ or store work materials if when you were hired it was not part of the job but implemented later on?

  • #2
    Easy question first. Your employer can require you to do anything that is not illegal. Your employer is in no way restricted in keeping your job duties to only those you were hired for. Microsoft could make Bill Gates the receptionist if they wanted. (Could be consequences however).

    Your first question is much harder. This is not a labor law question per se. Employers can make you wear suits, buy a car, get a haircut, and many other things. There is no specific law saying that they cannot tell you to use your car for their purposes. HOWEVER there is no law going the other way, that says you cannot sue your employer for damages based on you following their instructions. If you are looking for general rule that says you can tell your employer to [bleep] off, there is no such rule. There is a rule that says they can fire you or you can quit (Employment At Will). If however you have actual damages incurred based on you following their instructions, then and only then you can talk to an attorney.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Your first question is much harder. This is not a labor law question per se. Employers can make you wear suits, buy a car, get a haircut, and many other things. There is no specific law saying that they cannot tell you to use your car for their purposes. [/QUOTE]

      Thank you. I was hoping they would have to incur some of the cost for higher insurance rates. Oh well, maybe I'll charge them rent for storing stuff at my apartment...

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      • #4
        Apples and oranges. There are some legal theories in which you could try to make the employer pay for additional costs incurred. Key word "try". If you were (for example) a minimum wage employee, then unreimbursed expenses would violate the "free and clear" provision in federal minimum wage rules. Since you are in CA, you could argue that any additional work related expenses must be reimbursed under CLC 2802. You could file a wage claim with CA-DLSE. It works or it does not. I know what the law says but I do not know how CA-DLSE has decided similar claims in the past. You could file a small claims court action under CLC 2802 or a more general tort action. Again, no sure things here.

        HOWEVER, the employer telling you to do this is not legally an issue. The only real issue is reimbursement.

        California Labor Code section 2802.
        (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.
        (b) All awards made by a court or by the Division of Labor Standards Enforcement for reimbursement of necessary expenditures under this section shall carry interest at the same rate as judgments in civil actions. Interest shall accrue from the date on which the employee incurred the necessary expenditure or loss.
        (c) For purposes of this section, the term "necessary expenditures or losses" shall include all reasonable costs, including, but not limited to, attorney's fees incurred by the employee enforcing the rights granted by this section.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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