Imagine it is one week after the “shelter-in-place” order was lifted and, after weeks of working from home, you plop into your office chair to discover a folder on your desk titled “Requests for Reimbursements.” You leaf through the contents. You see cellphone bills, an Amazon receipt for a $750 printer, a receipt for a 50-inch television, and a screenshot of a Venmo request from a name you’ve never seen. What are your obligations as an employer?

California Labor Code Section 2802 requires employers to reimburse California employees for “all necessary business expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties.” Its purpose is to prevent employers from passing their operating expenses to employees. Previously, because working remotely was not required, many employers could decline “work from home” reimbursements as the employee chose to work remotely. However, COVID-19 and the resulting shelter-in-place orders have required many employees to work remotely. To determine whether (and what) the employer is obligated to pay, there are a few things to consider:

  • Who is submitting the receipt?

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