Suppose an employee uses their personal cell phone for work. They have an unlimited plan, so the work-related use costs nothing extra.
Must the employer reimburse them?
Yes. Under California Labor Code § 2802, employers must reimburse necessary business expenses.
In Cochran v. Schwan’s Home Service, Inc. (2014) 228 Cal.App.4th 1137, the court held that employers must reimburse a reasonable portion of an employee’s personal cell phone bill when the employee is required to use the phone for work—even if the employee incurs no additional charges.
Employers should consider a reasonable monthly allowance, with a process for employees to request additional reimbursement. I tell clients this can depend on the nature of the employee’s job duties and whether regular use of her personal mobile phone is required.