Legal Question in Business Law in California

Internet Access
I am in California. If internet access
at home is required to do my job,
can I request that the employer
reimburse that cost each month?.

The employers position on the matter
is that since Internet access is a
commodity, claiming it as an expense
is not justifiable. They said that since
you can't claim your clothes, or your
car, you can't claim Internet access
either.

I asked what would happen if I chose
to disconnect my internet access at
home, and they said it would be
grounds for dismissal. Can they fire
me for this? They said that since it is
not one of the non discrimination
factors (eg race), that they can fire
me for not having Internet access.

Just to be clear, I don't want to claim
this on my tax return. I want to
know if the employer is legally obliged
to reimburse me for it each month.

Asked on 6/01/09, 4:16 pm

Bryan C. Becker Your Lawyer for Life.

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Re: Internet Access

You may wish to remind your employer that Labor Code section 2802(a), requires that employers indemnify employees for

expenses necessarily incurred in the performance of their job duties.

Employers must reimburse their employees for all out-of-pocket expenses the employees incur in

carrying out their duties. Since an employer and employee cannot agree to waive this reimbursement

requirement, the employer must make clear what portion of the salary or commission payments is

meant to reimburse the employee for expenses versus compensation for the work performed.

If the amount meant to cover expenses is less than the actual amount of expenses incurred during a

pay period, the employer must pay the employee additional money to make up the difference.

Answered on 6/02/09, 1:16 am

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