Unreimbursed employee expenses by California businesses are a violation of employee rights. A Los Angeles expense reimbursement lawyer at Melmed Law Group can assist in recovering these expenses, such as from commuting miles driven between your home and work. Schedule a free confidential consultation today.
Employees in California may have the right to be reimbursed for a reasonable portion of their out-of-pocket business expenses. If you are forced to work from home because of COVID-19, your employer should likely be reimbursing you for a reasonable portion of your work-related expenses. Your employer may have an obligation to reimburse you for a reasonable portion of your home office, cell phone, mileage, and other work-related unreimbursed employee expenses in California.
What Types of Expenses Does My Employer Need to Reimburse?
It really depends. But for the most part, any expenses that are reasonably incurred in order for you to perform your work likely need to be reimbursed. For example, many people are reporting home office expenses such as WiFi, printer-related expenses, (paper and ink) home office expenses, cell phone expenses, office supplies, etc.
I Am Forced to Work From Home Because of COVID-19. Does My Employer Need to Reimburse Me for My Incurred Expenses?
Probably. If you have not been fully reimbursed for your out-of-pocket business expenses, then you may wish to speak to a lawyer about assisting you with bringing a claim for unreimbursed employee expenses in California. Lawsuits can be extraordinarily complex and often require a trained professional to maximize the value of your case. The Los Angeles expense reimbursement lawyers at our office regularly handle cases on behalf of employees who have not been fully reimbursed for their out-of-pocket business expenses, such as commuting miles driven between your home and work, across the entire state of California. Reach out now for a free confidential consultation.
Does My Employer Need to Reimburse Me for My Miles Driven as Part of My Commute?
No. Employers are not required to pay for all mileage associated with workers’ jobs– this is not always considered as unreimbursed employee expenses in California. Most importantly, there is no obligation for an employer to reimburse for mileage driven commuting to or from work. The same goes for other transportation costs incurred in commuting to and from home and work.
What About Miles Driven That Are Not Part of My Commute? Does My Employer Need to Reimburse Me for Those?
Probably. But the analysis would have to be on a case-by-case basis. Reach out and our Los Angeles expense reimbursement lawyers can help you understand the law regarding commuting miles driven between your home and work among other unreimbursed employee expenses in California.
Does My Employer Need to Reimburse Me for the Use of My Cell Phone?
Under California law, when an employee must use their personal cell phone for work-related calls, an employer is required to reimburse them. It is important to note that even when the employee has a cell phone plan with unlimited minutes or limited minutes, the reimbursement owed is a reasonable percentage of their cell phone bills. The California Court of Appeals explained that reimbursement is always required because otherwise, the employer would receive a windfall because it would be passing its operating expenses onto the employee as unreimbursed employee expenses in California.
When an employee is required to use his/her personal cell phone for work purposes, the employer must pay some reasonable percentage of the employee’s cell phone bill. It does not matter if the phone bill is paid for by a third party. It does not matter if the employee changed plans to accommodate work-related cell phone usage. It does not matter if the employee’s phone is part of a family or group plan. For further questions, schedule a free consultation with our Los Angeles expense reimbursement lawyers today.
Does Mileage Count As Unreimbursed Employee Expenses in California?
If an employer requires an employee to travel on company business, the employer must reimburse the employee for the cost of that travel, including commuting miles driven between your home and work. The employer can reimburse the employee in a number of ways:
- Reimburse the “actual expenses”: an employer can reimburse an employee for the actual expenses incurred by separately paying the amount of automobile expenses including the actual costs of fuel, maintenance, repairs, insurance, registration, and depreciation.
- Reimburse using a “mileage calculation”: using this method, the employee only needs to keep a record of the number of miles driven for job duties to avoid unreimbursed employee expenses in California. The employer then multiplies the miles driven by a predetermined amount that approximates the per-mile cost of owning and operating an automobile. The mileage rate agreed to between the employer and employee is merely an approximation of actual expenses and is less accurate than the actual expense method. If you believe your employer is not reimbursing you, call us today for a free consultation with our Los Angeles expense reimbursement lawyers.
- Reimburse with a “lump-sum payment”: under this method, an employer can pay a fixed (monthly or weekly) amount of money for automobile unreimbursed employee expenses in California. The fixed amount may take various forms and have various labels, including per diem, car allowance, and gas stipend. The amount is generally based on the employer’s understanding of the employee’s job duties, including the number of commuting miles driven between your home and work that the employee typically or routinely must drive to perform those duties. Under California law, an employer may reimburse its employees using a lump sum method, but only if the amount paid is sufficient to provide full reimbursement for actual expenses incurred. As an employee, you have the right to challenge the amount of a lump sum payment as being insufficient to cover your mileage unreimbursed employee expenses in California.
Does My Employer Need to Reimburse Me for My Miles Driven as Part of My Commute?
No. Employers are not required to pay for all mileage associated with workers’ jobs. Most importantly, there is no obligation for an employer to reimburse for mileage driven commuting to or from work. The same goes for other transportation costs incurred in commuting to and from home and work.
I Have Not Been Fully Reimbursed for My Out-of-Pocket Business Expenses. Do I Need to Consult With a Los Angeles Expense Reimbursement Lawyer?
If you have not been fully reimbursed for your out-of-pocket business expenses, then you may wish to speak to a lawyer about your unreimbursed employee expenses in California to potentially bring a reimbursement claim. Lawsuits can be extraordinarily complex and often require a trained professional to maximize the value of your case. The lawyers at our office regularly handle cases on behalf of employees who have not been fully reimbursed for their out-of-pocket business expenses, across the entire state of California. Reach out now for a free confidential consultation.
How Much Does an Expense Reimbursement Lawyer Cost?
Our office represents California employees who have not been properly reimbursed for their business expenses on a contingency fee basis. So, if the client has unreimbursed employee expenses in California, this means that the client does not pay any expenses out of pocket, and does not pay attorneys fees until the case is successful or settled. If the case does not settle or does not result in any recovery, then the client does not owe any attorney fees. The lawyer is paid a percentage of what is recovered at the conclusion of the case.