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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 34884
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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our company is reducing employee cell phone allowance. how

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our company is reducing employee cell phone allowance. how much notice is require

Good afternoon Jose,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

Technically, an employer may notify the employee and have the decrease in cell phone allowance go into effect immediately. The only thing that they may not do is to retroactively decrease the allowance that they pay the employee.

It is important though, to keep in mind that regardless of what allowances an employer might provide to the employee, if the employee uses their cell phone for company business, the employer is at a minimum required to pay the actual expenses the employee incurs in the use of their phone for work purposes, according to the CA Labor Code, § 2802, which I have set out below.

2802. (a) An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying the directions, believed them to be unlawful. (b) All awards made by a court or by the Division of Labor Standards Enforcement for reimbursement of necessary expenditures under this section shall carry interest at the same rate as judgments in civil actions. Interest shall accrue from the date on which the employee incurred the necessary expenditure or loss. (c) For purposes of this section, the term "necessary expenditures or losses" shall include all reasonable costs, including, but not limited to, attorney's fees incurred by the employee enforcing the rights granted by this section.

Aside from that caveat, they may decrease or terminate the allowance with no more notice than the moment the employee is notified of the change in company policy.

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