California employers are facing an increase in lawsuits from employees seeking reimbursement for expenses related to working from home, citing Labor Code section 2802. Recent court rulings indicate that employers may be liable for basic costs of remote work, including internet, phone, and computer usage. However, there is ambiguity regarding other expenses such as home office rent, furniture purchases, and meal expenses. To mitigate liability, employers should define job duties, establish clear remote work agreements, and discuss expenses with employees before remote work begins. Click here for article.
Employees are suing for reimbursement of work-from-home expenses under Labor Code section 2802, including increased utility costs and potential home office rent.
Recent court rulings, such as Williams v. Amazon.com Services LLC, suggest that employers adhering to government-mandated remote work orders may still be liable for expenses incurred during that time.
Employers should determine "basic costs" of remote work, such as internet, phone, and computer usage, but ambiguity exists regarding other expenses like furniture purchases and meal costs.
To protect against liability, employers should define job duties, establish clear remote work agreements, and discuss expenses with employees before remote work begins. Creating a remote work agreement outlining expectations and expenses may help shield against lawsuits and claims.
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