Legal Question in Employment Law in California
Please explain labor code section 2802
My employer has been taking 50 dollars a week from my payroll befor he deducts taxes. He says, it's to cover the cost of doing business that we as plumbers cost him per day.
He has deducted monies that customers haven't paid him from jobs that I finished from my payroll, befor deducting taxes.
He also is charging me to use company equipment that is neccessary to complete some jobs. Again, deducting these amounts befor deducting taxes.
A lawyer frind said something about the laor code section 2802(not sure if the no. is correct0. And cal. app. Barnhill 125 cal. app 3rd, 1
I don't have a clue as to what he's saying. Could you help me out here, and lead me in the right direction. My hearing with the labor comissioner is 03/22/00 and I'ld appreciate it if you could help me with this so I can go into this prepared.
1 Answer from Attorneys
Re: Please explain labor code section 2802
Labor Code section 2802 requires employers to reimburse employees for all expenses the employees incur in the course of their work. The action your employer is taking has nothing to do with Labor Code section 2802. Rather it is unlawful for an employer to require an employee to pay the costs of the employer's business or to assume the loss of the employer's business. You have an action to recover all the wages that your employer has unlawfully withheld from you.