Expense Reimbursement

Michael Trust founded Michael Trust Law, APC after more than 35 years in HR leadership across entertainment, healthcare, higher education, finance, banking, solar energy, and other industries, including managing approximately 35,000 disability and leave-of-absence cases. He holds the SPHR, PHRca, and SHRM-SCP credentials. The PHRca is a California-specific HR credential focused on California employment law and HR practice. According to HRCI’s published pass-rate statistics at https://www.hrci.org/pass-rates, the PHRca has the lowest pass rate of all HRCI credentials — 47% as of December 31, 2025, compared with 71–84% for HRCI’s other certifications — and only 293 candidates worldwide tested for it in 2025. That HR-systems background helps identify HR process issues early, which can shape legal analysis on both sides.

Employee Expense Reimbursement

Michael Trust Law, APC represents employees denied reimbursement for business expenses. California law requires employers to cover necessary costs incurred in the course of work. We fight to recover unreimbursed expenses and protect your rights.

Expense Reimbursement

California Expense Reimbursement Under Labor Code §2802

Cal. Lab. Code §2802 requires employers to indemnify employees for all necessary expenditures or losses incurred in the direct consequence of the discharge of their duties. The duty is non-waivable: an employee cannot agree to absorb business expenses themselves, even by signed agreement (Cal. Lab. Code §2804). The recovery includes the expense itself, interest, and reasonable attorney’s fees.

What §2802 Covers

The most commonly underpaid categories are personal vehicle use for work travel, work-required mobile phone usage, work-required home internet (especially significant after the shift to remote and hybrid work — see Cochran v. Schwan’s Home Service, Inc. (2014) 228 Cal.App.4th 1137), work-from-home equipment and supplies, mandatory training and certification fees that benefit the employer, and required uniforms or tools. Whether a particular expense was “necessarily incurred” is fact-specific and depends on the job requirements and the employer’s policies.

When to Contact Us

If you have been paying out of pocket for work-related expenses, contact Michael Trust Law, APC for a 30-minute conversation about what the §2802 framework would mean for your situation.

Initial contact does not create an attorney-client relationship — see Disclaimers.

Cal. Lab. Code §2802; Cal. Lab. Code §2804; Cochran v. Schwan’s Home Service, Inc. (2014) 228 Cal.App.4th 1137.

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Frequently Asked Questions

Yes, under Cal. Lab. Code §2802, when an employee is required to use a personal cell phone for work, the employer must reimburse a reasonable percentage of the cost. Cochran v. Schwan’s Home Service, Inc. (2014) 228 Cal.App.4th 1137 makes clear that the obligation does not depend on whether the employee actually incurred any extra cost — the reasonable-percentage rule applies.

Generally not, when the work-from-home arrangement is necessary to perform the job. Cal. Lab. Code §2802 turns on whether the expense is necessary to the work, not on who initiated the arrangement. The §2802 duty cannot be waived by agreement under Cal. Lab. Code §2804.

California’s statute of limitations on Cal. Lab. Code §2802 claims is typically three years, with possible additional remedies under the Unfair Competition Law extending the lookback. The fact-specific lookback depends on when the expenses were incurred and when each cause of action accrued. Calculate carefully — late claims can lose value quickly.

Recover Your Expenses

Michael Trust Law, APC stands with employees denied reimbursement for business expenses. We fight to restore fairness, recover costs, and hold employers accountable under California law.

Contact Michael Trust Law, APC Today