News & Analysis as of

Reimbursements Appeals Employer Liability Issues

Marshall Dennehey

Reimbursement of Pennsylvania Department of Human Services Lien Is Found Not Automatic by Pennsylvania Commonwealth Court

Marshall Dennehey on

Key Points: No formal liability for payment of work-related medical expenses is triggered on the part of the employer/insurer until such expenses are properly submitted in accordance with the terms and provisions of the...more

Laughlin, Falbo, Levy & Moresi LLP

Who Pays What: The Pitfalls of Contribution and Reimbursement Among Co-Defendants in Workers’ Compensation

The recent Barahona v. ABM Janitorial Services (2024) 53 CWCR 4, decision sheds light on a common but often misunderstood issue in California workers’ compensation: how liability is shared among multiple employers and...more

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Clarifies Employer’s Obligation to Reimburse Expenses Depends on Whether They Were a Direct Consequence...

On July 11, 2023, the California Court of Appeal in Thai v. IBM held that whether an employer is obligated to reimburse expenses incurred by an employee working from home turns on whether the expenses were a direct...more

Sheppard Mullin Richter & Hampton LLP

Time Is Not Always Money: Ninth Circuit Holds That Pre-Employment Drug Testing Is Not Compensable Under California Law

On June 13, 2022, the Ninth Circuit Court of Appeals held in Johnson v. WinCo Foods Holdings, Inc, et al. that class members who were not yet employed by WinCo were not entitled to compensation for the time required to take a...more

Proskauer - California Employment Law

Employer Need Not Reimburse Travel Expenses for Drug Test

A federal appeals court recently affirmed a summary judgment entered in favor of WinCo Foods in a class action alleging that WinCo should have reimbursed successful job applicants for the time and travel expenses they...more

CDF Labor Law LLP

9th Circuit Decision Requires Employers to Reevaluate Expense Reimbursement Procedures

CDF Labor Law LLP on

This week, the Ninth Circuit Court of Appeals held that an employer’s per diem expense reimbursement payments functioned as compensation for work rather than business expense reimbursements. As a result, the employer was...more

Davis Wright Tremaine LLP

California Court of Appeal Finds Restaurant Did Not Need to Reimburse Staff for Wearing Required Slip-Resistant Shoes

In Townley v. BJ’s Restaurants, Inc., a California Court of Appeal ruled that California’s business expense reimbursement law does not require an employer to reimburse its employees for the cost of slip-resistant shoes...more

Fisher Phillips

Grubhub Fights Back, Argues That Gig Companies Should Not Be Retroactively Tagged With Misclassification Liability In A...

Fisher Phillips on

Now that sports betting has been legalized by the Supreme Court, I might want to consider laying some action on an upcoming game, because I am on fire with my recent predictions. In a blog post from last week, I correctly...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Can a Prevailing Plaintiff Recover Expert Fees? The Second Circuit Says “No”

The Second Circuit Court of Appeals recently ruled that expert witness fees are not recoverable under the Fair Labor Standards Act (FLSA). In Gortat v. Capala Brothers, Inc., No. 14-3304-cv (July 29, 2015), the Second Circuit...more

Hinshaw & Culbertson LLP

California Employers Beware: Cell Phones Present Another Area for Class Action Potential

In August 2014, the California State Court of Appeals (2nd Circuit, Division 2) decided in Cochran v. Schawan's Home Service that employers were responsible for reimbursing employees for the business use of personal cell...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court Denies Review of Cell Phone Reimbursement Case

The California Supreme Court has denied a petition to review Cochran v. Schwan’s Home Service, Inc., Court of Appeal of California, Second Appellate District, Division Two, No. B247160 (August 12, 2014). As a result of the...more

Stoel Rives LLP

California Court of Appeal Rules Employers Must Reimburse Employees For Work Calls on Personal Cell Phones

Stoel Rives LLP on

The California Court of Appeal’s recent decision in Cochran v. Schwan’s Home Service, Inc. was simple. When employees must use their personal cell phones for work, California law requires employers to reimburse them,...more

Epstein Becker & Green

Act Now Advisory: California Court of Appeals Holds That Employees Must Be Reimbursed for Using Personal Cell Phones for...

Epstein Becker & Green on

In Cochran v. Schwan's Home Service Inc., the California Court of Appeals posed the following question: "Does an employer always have to reimburse an employee for the reasonable expense of the mandatory use of a personal cell...more

Davis Wright Tremaine LLP

California Employers Must Reimburse Employees for Mandatory Work-Related Cell Phone Use

In a ruling that may spawn a wave of California employment-related class action litigation, a California Court of Appeal has ruled that employers must always reimburse employees for “some reasonable percentage” of their cell...more

BakerHostetler

The California Court of Appeal Finds That an Employee Expense is an Employee Expense is an Employee Expense

BakerHostetler on

On Tuesday, August 12, 2014, the California Court of Appeal (Second Appellate District) published a decision that could impact many employers in California. The threshold question at issue in the case was whether an employer...more

Allen Matkins

Cochran v. Schwan’s Home Service, Inc.; Court Tells Employers to Pay Part of Employees’ Cell Phone Bills - Action required:...

Allen Matkins on

Labor Code section 2802 requires an employer to reimburse an employee who uses a personal cell phone for work-related calls, according to the California Court of Appeal, Second Appellate District....more

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