Reimbursement of Employee Business Expenses (Labor Code Section 2802)
Independent Contractor vs. Employee: Misclassification Can Create Mess for Employer and Employee
Independent contractor…employee…”getting 1099′ed”…self-employment tax…these terms and their implications, in a legal and a tax sense, are complicated. At the outset of a company/independent contractor or employer/employee relationship, a clear relationship needs to be defined. Unfortunately, many times the relationship is not made clear because neither party understands the difference between an “independent contractor” or an [...]
California Employment Law: Full and Prompt Payment of Wages to Employees
California has a long history of protecting the rights of employees and employees’ access to fair wages. The California Supreme Court famously stated, “it is manifest that wages due belong to the employee, and not to the employer…” The Court went on to highlight the “policy favoring full and prompt payment of wages…wages are not [...]
California Employment Law: California Supreme Court Makes it Easier for Employees to Bring PAGA Lawsuits
In the recent California Supreme Court case, Arias v. Superior Court S155965, __ Cal. 4th __ (2009), the Court determined that an employee suing an employer for labor law violations on behalf of himself and others seeking civil penalties under the Private Attorneys General Act (“PAGA”) is not obligated to meet the requirements for class [...]
Employment Law: Employee Claims Against Employer for Unreimbursed Business Expenses under Labor Code Section 2802
In California, pursuant to California Labor Code section 2802, employers are required to reimburse employees’ job-related expenses incurred while performing the duties of their employment. The typical expenses relate to travel expenses, gas, vehicle maintenance and cell phone, however the expenses can encompass any expense as long as the expense was necessary to the discharge [...]