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Questions in regards to California Labor Code § 2802

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  • Questions in regards to California Labor Code § 2802

    How long does an employee have to submit a reimbursement claim?

    Also, can a company put a sales goal or production requirement on the amount they will reimburse an employee for a required business expenses such as a business cell phone bill?

  • #2
    I don't think the law addresses this, but the IRS references a "reasonable time period" for both submission and reimbursement. I have heard 30 days being bandied about as the outside time frame for "reasonable". However, this is not codified into either the California law or the IRC (for taxability purposes). And, since there is no limit in the CA LAW, it is unlikely you could enforce one as the employer (I assume you're the employer); otherwise, the law would have said so.

    However, there is no reason why you can't set your "reasonable" time frame and, if the employee does not submit their expenses for reimbursement within that window, you could treat the reimbursement as taxable, paying it through payroll and deducting all employment taxes. I'll bet that one time of that happening would go a long way toward getting the employees in question to submit in a "timely manner".

    Second question, there is no provision in that in the Labor Code requiring the employee be kept "whole" for business-related expenses.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      Thank you for your response. I am asking this question because I am actually the employee. In regards to the second question. The company requires us to purchase a cell phone and put the number of the cell phone on our business cards. In the past there was never an issue with reimbursement of our phone bill. However, the company is now requiring the employees to meet production levels and sales goals on a monthly basis for reimbursement. I have pursued this issue with my district manager and he agrees that they are required to pay the business cell phone but upper management has not respond to my request for payment.


      • #4
        If you have to have the cell phone for work, they need to pay at very least the percentage of the bill caused by work related use. If they won't do it, file a claim with the DLSE.
        Megan E. Ross, Esq.
        Law Offices of Michael Tracy

        Disclaimer: The above response is a general statement of the law and should not be relied upon as legal advice. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.


        • #5
          Thank you for your response. For others that may need this for future reference this is the link to the local DLSE offices.


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