Pharmacy Unreimbursed Expense Cases

Is Your Employer Reimbursing You For Your Work Expenses?

Did you know that under California Labor Code Section 2802, employers must reimburse their employees for any expenses incurred which are necessary to the performance of their duties? A few examples of such recoverable expenses are:

  • Monthly cell phone bills where employees use their personal phones to speak, text, and e-mail with their employer or clients, even when an employee’s personal plan provides for unlimited calls, texts, and data;
  • Home internet and cell phone data used for work related tasks;
  • Gas, mileage, and tolls for business-related travel; and
  • Office supplies, such as stationery and software, used for the benefit of the employer’s business.

Particularly in the healthcare sales industry, employees frequently incur work related expenses and use their personal cell phones and home internet for work purposes, including for example speaking with clients, reviewing e-mail, and remotely connecting to their office computers, without receiving reimbursement for such expenses. Even if the employee would have incurred the same expense notwithstanding using the product or service for work-related purposes, the employee is still entitled to reimbursement for a reasonable portion of the expense. Further, an employer who has reason to know an employee has incurred work-related expenses must reimburse the employee, even if the employee does not request reimbursement.

If you have incurred work-related expenses within the last 4 years and have not been reimbursed, you may seek recovery of these expenses. The law also provides for recovery of 10% interest per year on the value of the expenses incurred, and that the employer, not you, must pay any attorney’s fees and costs incurred.

If you would like to discuss your potential claims and damages, please complete the Contact Us form on the right, and a member of our law firm will contact you.