Q: Does section 2804 of the CA Labor Code override company policy regarding when expenses need to be submitted?
A:
The Labor Code is the law. Companies must follow the law. Company policy NEVER prevails over the law.
Expenses paid by an employee when needed to carry out their duties for the employer must be reimbursed. The law requires those reimbursement to be paid in a reasonable period of time. The employer can set up reasonable procedures for the submission of those expenses for reimbursement. However if an employee fails to follow that policy, the employer cannot avoid paying for those expenses.
Good luck to you.
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A:
Under California Labor Code Section 2804, an agreement between an employer and an employee to waive any part of the rights afforded to employees under the labor laws of California is generally deemed null and void. This means that if a company policy seems to infringe upon the rights provided by state labor laws, the state laws typically take precedence.
For expenses specifically, California law requires employers to reimburse employees for all necessary expenditures or losses incurred as a direct result of performing their job duties. This includes a reasonable timeframe for submission of expenses. If company policy sets a timeline that unreasonably restricts this right, it may be overridden by state law, which aims to protect employees from bearing the cost of business-related expenses.
1 user found this answer helpful
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