(a)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, even though unlawful, unless the employee, at the time of obeying the directions, believed them to be unlawful.
(b)All awards made by a court or by the Division of Labor Standards Enforcement for reimbursement of necessary expenditures under this section shall carry interest at the same rate as judgments in civil actions. Interest shall accrue from the date on which the employee incurred the necessary expenditure
or loss.
(c)For purposes of this section, the term “necessary expenditures or losses” shall include all reasonable costs, including, but not limited to, attorney’s fees incurred by the employee enforcing the rights granted by this section.
(d)In addition to recovery of penalties under this section in a court action or proceedings pursuant to Section 98, the commissioner may issue a citation against an employer or other person acting on behalf of the employer who violates reimbursement obligations for an amount determined to be due to an employee under this section. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the commissioner shall be the same as those set forth in Section 1197.1. Amounts recovered pursuant to
this section shall be paid to the affected employee.
Notes of Decisions
Fred Bowerman v. Field Asset Servs., Inc., 60 F.4th 459 (9th Cir. 2022).
· cites it 6× “The panel rejected FAS’s contention that Borello governed because the overtime claims were “joint employment” claims to which Dynamex did not apply.”
Harris v. Vector Mktg. Corp., 753 F. Supp. 2d 996 (N.D. Cal. 2010).
· cites it 7× “Harris also asserts that, during the training, trainees were improperly coerced into buying sample knife sets (to be used for sales presentations) in violation of (1) California Labor Code § 2802 (which requires an employer to reimburse its employees for necessary expenses), (2)…”
Villalpando v. Exel Direct Inc., 161 F. Supp. 3d 873 (N.D. Cal. 2016).
· cites it 11× “Plaintiffs also advance an alternative theory that would allow class members to recover damages incurred by second drivers, namely, that these damages are necessary expenses of the class members under California Labor Code section 2802. Id. Plaintiffs seem to contend that this…”
Thornton v. California Unemployment Ins. Appeals Bd., 204 Cal. App. 4th 1403 (Cal. Ct. App. 2012).
· cites it 9× “) Similarly, the Labor Code requires employers to reimburse employees for the costs of defending lawsuits arising out of their employment: “An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of…”
Edwards v. Arthur Andersen LLP, 189 P.3d 285 (Cal. 2008).
· cites it 3× “Labor Code section 2802, subdivision (a), provides for an employee’s right to indemnity.”
Takacs v. AG Edwards & Sons, Inc., 444 F. Supp. 2d 1100 (S.D. Cal. 2006).
· cites it 7× “7; 7) Restitution of business expenses under California Labor Code § 2802; 8) Recovery of business expenses on behalf of Class C; and 9) Recovery of waiting time penalties on behalf of Class D.”
Tan v. Grubhub, Inc., 171 F. Supp. 3d 998 (N.D. Cal. 2016).
· cites it 2× “Count I: Labor Code Section 2802 California Labor Code Section 2802 requires an employer to “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…”
Monterrubio v. Best Buy Stores, L.P., 291 F.R.D. 443 (E.D. Cal. 2013).
· cites it 3× “In particular, Plaintiff alleges violations of California Labor Code section 2802 and California Business and Professions Code section 17200 on behalf of himself and a putative statewide class.”
Alexia Herrera v. Zumiez, Inc., 953 F.3d 1063 (9th Cir. 2020).
· cites it 2× “Under California law, “[a]n 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[.”
Villacres v. Abm Indus. Inc., 189 Cal. App. 4th 562 (Cal. Ct. App. 2010).
· cites it 2× “[N]othing in this Agreement shall be construed to waive any right that is not subject to waiver by private agreement, including without limitation any claims arising under state unemployment insurance or workers' compensation laws or California Labor Code section 2802[,…”
Sarviss v. Gen. Dynamics Info. Tech., Inc., 663 F. Supp. 2d 883 (C.D. Cal. 2009).
· cites it 5× “The Seventh Claim for Relief alleges that GDIT failed to reimburse Plaintiff for his expenditures in violation of California Labor Code § 2802. Compl. ¶¶ 72-75.”
— Cal. Labor Code § 2802(a) — 35 cases
Takacs v. AG Edwards & Sons, Inc., 444 F. Supp. 2d 1100 (S.D. Cal. 2006).
“7; 7) Restitution of business expenses under California Labor Code § 2802; 8) Recovery of business expenses on behalf of Class C; and 9) Recovery of waiting time penalties on behalf of Class D.”
— Cal. Labor Code § 2802(c) — 3 cases
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