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Outside sales representatives in California should receive expense reimbursement for cellphone use and other expenses incurred on the job.
If you work in outside sales in any field and you reside in California, specific labor laws are designed to ensure you receive reimbursement for a variety of expenses.
If you work in telecommunications, pharmaceuticals, advertising, business consulting, banking/escrow or if you are an in-home consultant for remodeling company, solar sales, window treatments, etc., then you have a right to have expenses covered.
In addition to expense reimbursement for cellphone use, outside sales reps should be compensated for car-related expenses such as mileage, gas, depreciation, and wear and tear.
Computer and internet expenses, office supplies, postage, subscriptions, advertising expenditures, trainings and business lunches are all considered “necessary expenditures” incurred while performing their duties as well.
The costs of settling disputes with customers and any costs incurred because of transaction errors should be reimbursed to the employee.
California Labor Law Insists on Expense Reimbursement for Cellphone Use, Other Expenditures
The thought of approaching an employer about being reimbursed for business expenses might be intimidating to some employees, but it shouldn’t be.
California law is designed to protect employees from being used by employers for their own financial gain.
California Labor Code 2802 states that “An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer.
No Escape from the Law
California labor laws supersede any other form of contract, so even if an employment contract tries to change the expense reimbursement obligations, that part of the contract is deemed void.
If an employee has failed to file an expense report, the employee is still owed that money.
In California, it is not the employee’s responsibility to ensure she is compensated for expenses. The responsibility lies with the employer, who is supposed to know the work-related expenses that are being incurred by the employees.
An employer who fails to reimburse an employee can be held responsible for the employee’s expenses plus interest from the date the expense was incurred.
If you have worked as an outside sales representative in California with the last four years and have not received expense reimbursement for cellphone use and other expenses generated to do your job, you could be entitled to compensation under California labor laws.
Being unaware you were owed the expense reimbursement does not release your employer from the obligation of paying you back that money.
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