Quick answer: Yes, in most cases. California Labor Code section 2802 requires employers to reimburse employees for necessary work expenses. If your job requires you to use your personal cell phone, your employer must pay a reasonable percentage of your bill, even if you have an unlimited plan. The same rule generally covers work driving, required home internet, and job equipment.
- You can't waive this right, even by signing an agreement.
- Reimbursement is owed even if someone else pays your phone bill.
- You may also recover interest and attorney's fees.
If your job requires you to use your own phone, laptop, car, or tools, California law generally requires your employer to pay you back. Many workers cover these costs for years without realizing the money was owed to them.
What Does California Law Require Employers to Reimburse?
California employers must reimburse employees for all necessary expenses they incur as a direct result of doing their jobs. That rule comes from Labor Code section 2802, and the idea behind it is simple: the cost of running a business belongs to the business, not to the people who work there.
The protection covers full-time and part-time employees, and it applies whether you work in an office, in the field, or from home.
Does My Employer Have to Pay for My Personal Cell Phone?
Yes, if your employer requires you to use it for work. In Cochran v. Schwan's Home Service (2014), a California Court of Appeal held that employers must reimburse a reasonable percentage of the phone bill when employees must use personal phones for work calls.
Two parts of that ruling matter for most workers:
- An unlimited plan doesn't change the answer. Even if work calls added nothing to your bill, your employer still owes a reasonable share of it.
- Who pays the bill doesn't change the answer either. Reimbursement is owed even if a family member or partner pays it.
Required work use can include calls, texts, scheduling apps, two-factor logins, and messaging with managers or customers.
Do Employers Have to Cover Laptops, Internet, and Home Office Costs?
Often, yes. When you're required to use your own devices or home internet to do your job, the same reimbursement rule generally applies. Remote and hybrid employees may be owed a reasonable share of internet costs, along with computers, software, or other equipment the work requires.
Do I Get Reimbursed for Driving My Own Car for Work?
Yes. If you use your personal vehicle for work, such as traveling between job sites, making deliveries, visiting clients, or running errands for the business, your employer must cover that cost. Many employers reimburse by the mile; however it's handled, the payment needs to cover the actual cost of your work driving.
Who Pays for Tools and Uniforms?
Generally, your employer. California's wage orders require employers to provide the tools and equipment a job requires. One exception is narrow: employees earning at least twice the state minimum wage may be required to supply hand tools customarily used in their trade. Required uniforms are generally the employer's cost as well.
Signs You May Be Owed Reimbursement
- You were told to download work apps or take work calls on your personal phone.
- You work from home but pay all of your internet and equipment costs yourself.
- You drive your own car for work and receive no mileage reimbursement, or too little to cover the cost.
- You had to buy tools, uniforms, or supplies the job required.
- Money was taken out of your paycheck for equipment.
What Can I Recover in a Reimbursement Claim?
A successful claim can recover the unreimbursed expenses plus interest, and section 2802 allows employees who win to recover reasonable attorney's fees. When the same policy affects many workers, as with a company-wide "use your own phone" rule, the claim may proceed as a class action or a PAGA claim.
What Should I Do If My Employer Won't Reimburse Me?
- Save your phone bills, mileage logs, and receipts.
- Keep any messages or policies showing you were told to use personal equipment for work.
- Write down when the requirement started and roughly how often you use your phone or car for work.
- Talk to an employment attorney before the filing deadline passes.
Frequently Asked Questions
Can my employer make me sign an agreement saying I'll pay my own work expenses?
No. California Labor Code section 2804 makes any agreement that waives your right to reimbursement void. Even if you signed a policy saying you'd cover your own costs, your employer is still required to reimburse necessary work expenses.
How much should my employer pay toward my cell phone bill?
California law doesn't set a fixed percentage. The reimbursement must be a reasonable share based on how much you're required to use the phone for work. Some employers pay a monthly stipend, which can satisfy the law if it actually covers your work-related share.
Can my employer deduct the cost of equipment from my paycheck?
Generally, no. California sharply limits paycheck deductions, and employers usually can't charge employees for equipment the job requires or for ordinary wear and tear. If money was taken from your pay for equipment, it may be recoverable.
Can I be fired for asking to be reimbursed?
No. California law prohibits employers from retaliating against employees who assert their wage rights, including asking for reimbursement. If you were fired, demoted, or punished for raising the issue, you may have a separate retaliation claim.
How long do I have to file a reimbursement claim in California?
Many California wage claims, including claims for unreimbursed expenses, generally must be brought within three years, though deadlines vary by claim and remedy. Because each unreimbursed expense may have its own date, it helps to act promptly.
JCL Law Firm, APC represents employees in unreimbursed work expense claims and other wage and hour violations throughout California. Call (619) 848-3368 or contact us online for a free consultation. Se habla español.