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reimbursement for expenses
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reimbursement for expenses
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Aside from CA labor code 2802 which states that an employer must indemnify/reimburse an employee for all necessary expenditures incurred by the employee in direct consequence of the discharge of his o
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Forums » Topic Forums » Legal Forum » reimbursement for expenses
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reimbursement for expenses
posted at 5/10/2010 12:47 PM EDT
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Posts: 94
First: 2/7/2008 Last: 3/21/2011 |
Aside from CA labor code 2802 which states that an employer must indemnify/reimburse an employee for all necessary expenditures incurred by the employee in direct consequence of the discharge of his or her duties, are there any federal or other state laws requiring reimbursement for expenses such as computers, phones, internet, etc.? |
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reimbursement for expenses
posted at 10/12/2010 3:19 PM EDT
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Posts: 94
First: 2/7/2008 Last: 3/21/2011 |
I have an additional question on this topic. We currently supply a company vehicle to our technicians. The owners would like to stop that practice going forward unless it is required. It seems that this would only be the case then in CA and MA and that we are not obligated to pay for mileage although the techs would be able to deduct this on income tax returns.
Does anyone see a problem with discontinuing this practice? There would not be any discrimination in the practice. All techs in states other than CA and MA would no longer receive vehicles. As long as we are not required legally to provide them, I don't think there should be a problem aside from recruitment issues due to the fact that the position will not be as attractive. |
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reimbursement for expenses
posted at 10/13/2010 6:22 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
It is my understanding that you aren't legally required to provide cars to them in CA or MA either, but you would have to reimburse them for using their own cars for company business -- gas, insurance, etc. Most do so at the standard federal/state rate.
However, a change this huge will cause lots of issues -- do the current technicians have reliable cars? Have they been allowed to take these cars home? Have they been allowed to put personal miles on them? If so, you might have employees who are suddenly car-less with no money for down payment or monthly payments. This is a HUGE (and expensive) benefit to take away. At minimum in the other states, I would reimburse mileage for business purposes. Because they will already see an increase just from the mileage back and forth to work (if they used to be allowed to drive it home at night). |
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reimbursement for expenses
posted at 10/13/2010 6:27 AM EDT
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
I've been down this road, specifically in CA. You will, as rrupert says, still have to reimburse them for business related expenses related to the use of their POV's. You won't avoid that in CA. I can also tell you that many will balk, scream, holler and what have you over the taking away of the "company vehicle." We had additional issues because we allowed personal use (for a monthly fee) of the company car.
It can be done and I have done this in the past. It is just messy and there is no real way to avoid it. |
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reimbursement for expenses
posted at 10/13/2010 9:17 AM EDT
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Posts: 94
First: 2/7/2008 Last: 3/21/2011 |
Sorry. I don't think I was very clear. We wouldn't take away the vehicles from the existing techs. We just wouldn't supply them to the new ones outside of CA. Since we would have to reimburse in CA, we will still provide vehicles to new techs there because it would be more cost effective. Outside of CA (or MA) we will not provide vehicles to NEW technicians and will not reimburse. Although we may have trouble attracting techs, it seems that there will not be any legal issues. Correct? |
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