California Appellate Court Holds That Employers are on the Hook for Employees’ Personal Cell Phone for Work-Related Calls

In a class action case out of the Second Appellate District, the Court held that employers must reimburse employees who use their personal cell phones for work-related calls, regardless of whether the employee plans have unlimited or limited minutes.   Using Labor Code section 2802, which requires employers to indemnify employees for necessary expenditures by employees on behalf of the employer, the Court held that employers are required to reimburse employees for personal cell phone costs where employees were required to use their phones to make work-related calls.  The case is Cochran v. Schwan’s Home Service, Inc.

If you have questions about the application of Labor Code section 2802 to your employment situation, feel free to contact us further to discuss.

By Conchita Lozano-Batista | August 25, 2014

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