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Determining who pays employee expenses incurred for COVID work at home

August 2023 employment law letter
Authors: 
Mark I. Schickman of Schickman Law

During the midst of the COVID pandemic, Governor Gavin Newsom issued a series of “stay at home” orders, which led to millions of California employees working from home and incurring expenses ranging from utility bills to internet charges. Ordinarily, the employer must pay for the expenses involved in an employee’s duties. Is the same true when the expense was a result of government mandate, rather than employee choice? In a decision important to all employers with any remote employees, a California appeals court recently answered that question.

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