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Meals/lodging question California

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  • Meals/lodging question California

    If an hourly non-exempt employee (non-union/non-prevailing wage) traveled 100+ miles one-way, and was expected to stay near the job site for nearly a week, is the employer required to pay subsistence to cover the employee's meals and provide lodging? (The construction site was in Santa Barbara so the cost of meals/lodging was expensive compared to where the employer is located.)

  • #2
    California is the only state where an employer is required to reimburse an employee for business expenses, so I would say yes.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Agreed. California Labor Code section 2802.

      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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      • #4
        Thank you, cbg and DAW, for your replies. I will bring the code you referenced to my employer's attention.

        Comment


        • #5
          Originally posted by Hollister View Post
          Thank you, cbg and DAW, for your replies. I will bring the code you referenced to my employer's attention.
          Cautiously of course.........if you get snotty and they term you - youll have a real fight trying to get reimbursed.
          This will pass. Life's got bigger disapointments waiting for you.

          Comment


          • #6
            Originally posted by mikswi View Post
            Cautiously of course.........if you get snotty and they term you - youll have a real fight trying to get reimbursed.
            In which case, you file a claim with the DLSE. Of course, you catch more flies with honey............etc.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Originally posted by Pattymd View Post
              In which case, you file a claim with the DLSE. Of course, you catch more flies with honey............etc.
              And "catching flies" is a good thing?
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

              Comment


              • #8
                Originally posted by DAW View Post
                And "catching flies" is a good thing?
                Perhaps the line should be "you catch more reimbursements with........."
                Oh, never mind.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                Comment

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