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California law employer and travel loss reimbursement. I was on company travel from New Yo

Customer Question
rk to Los Angeles and...
California law employer and travel loss reimbursement. I was on company travel from New Yo rk to Los Angeles and airline lost my baggage, airline reimbursed a portion of loss, and my question is: "Is employer obligated by state law to compensate employee for amount not reimbursed by airline?"
Submitted: 5 years ago.Category: California Employment Law
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Answered in 29 minutes by:
7/11/2012
California Employment Lawyer: Patrick, Esq., Lawyer replied 5 years ago
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 13,367
Experience: Significant experience in all areas of employment law.
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Hello and thank you for entrusting me to answer your question. My goal is to answer your question completely and thoroughly and to provide excellent service.

I am very sorry to hear about your lost baggage. I have had that happen once to me and it was very frustrating.

While there is no law that specifically holds an employer accountable to reimburse for this cost, two laws that are arguably applicable. They are 8 CCR 13704(g)-(h), and they state as follows:

(g) Shipping. Every employer shall reimburse each employee for the actual necessarily incurred costs of shipping baggage and sample or display material between regular and temporary work locations to which the employee must travel for business reasons.

(h) Transportation. Every employer shall reimburse each employee for the cost of transportation necessarily incurred in travel by air, train, bus, car or boat between the employee’s home business location and the away from home location where work is performed. Transportation expenses must be paid directly by the employer or reimbursed to the employee between the employee’s origination point and destination where work is to be performed and shall include the costs of travel from and to the employee’s home, place of business or lodging, and the airport.


It would seem that the cost of replacing lost belongings contained within one's luggage would fall within the definition of "actual necessarily incurred costs of shipping baggage," since the cost of replacing those items will be incurred since they were lost during shipment.

Furthermore, the cost of replacement is a cost "necessarily incurred in travel by air," since you would not need to replace these items but for your air travel.

Accordingly, an employee in your circumstance would have at least a tenable argument that your employer should cover the value of your lost bag to the extent that amount is not covered by the airline.

If your employer refuses to make such payment, an individual in your circumstance can make a claim with the Department of Labor Standards Enforcement. To file a wage claim with the DLSE, visit this link: http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

I sincerely hope that this information helps you and I wish you the best.

If you do not have any further concerns, I would be very grateful if you would give my answer a positive rating and click submit, as this is the only way I will receive credit for assisting you. If you have any additional concerns that you would like me to address, please feel free to let me know by hitting the REPLY or CONTINUE CONVERSATION button and I will be more than happy to continue assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.
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Customer reply replied 5 years ago
Is your answer regarding "8 CCR 13704(g)-(h)" a State of California statute citation??
California Employment Lawyer: Patrick, Esq., Lawyer replied 5 years ago
Yes. "CCR" stands for California Code of Regulations.
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California Employment Lawyer: Patrick, Esq., Lawyer replied 5 years ago
Here is a link to the CCR for your reference: http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0C EUQFjAA&url=http%3A%2F%2Fwww.dir.ca.gov%2Fdlse%2F2802regs%2F2802regs-proposedtext13700-13706.pdf&ei=sZkZULuCEKL2igKDp4DIBw&usg=AFQjCNFptd8lRLeiAiuXej32LzOjhcGfnQ

Again, I sincerely hope that this information helps you and I wish you the best. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.

Kindest regards.
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