Furthermore, a court has ruled that an employer must always reimburse and employee for the reasonable expense of mandatory personal cell use even when the employee incurs no extra charge on his phone plan. In general, non-exempt harvesters would not be able to claim reimbursement for personal cell use. However, some employees, such as irrigators, quality control employees and truck drivers who receive multiple daily instructions or who must regularly report from remote locations are entitled to reimbursement if a personal cell phone is used. In order to resolve such issues the employer could reimburse a reasonable portion of the cell cost or provide a low cost phone to such employees. IV. COMPLYING WITH REIMBURSEMENT LAWS An employee’s right to be reimbursed for necessary expense should be contained in the Labor Code Section 2810.5 notice. A written notice with rates of pay, payday, employer identification information and sick leave benefits must be provided to all new employees and should be given to all seasonal employees when they start a new season. Including the reimbursement language in this document establishes that the employer has a lawful policy.
The policy should also be featured in any employee manual or set of rules. Ensuring employee awareness of a reimbursement policy is a vital step in preventing class action claims. Once the policy is established, the company should use specific reimbursement forms designed by the employer. The office, all supervisors and foremen should have a supply of such forms and instructions on their use. Employers may initially be concerned about excessive reimbursement claims. When travel in personal vehicles is required during the day, the foreman should note the distance travelled on the crew sheet. Most of the time employees who use their personal vehicles for short distances will not take the time to obtain, fill out and turn in a form for a couple of dollars. Nevertheless, supervisors must provide the forms and never discourage their use. A policy which prescribes the use of authorized forms submitted within a designated time period will ensure that reimbursement requests are timely for budgeting, billing and tax purposes and ensure that all employees are treated consistently. Finally, the forms should allow for reimbursement of other necessary expenses such as cell phone use, special gear, supplies or uniforms.
UPCOMING EDUCATION, WEBINARS & EVENTS WESTERN GROWERS CONNECTIONS
Drive your business forward with these training topics, conferences and events. OCTOBER 2019
Harassment, Discrimination, and Abusive Conduct Prevention Training (English and Spanish Sessions)
October 17, 2019
Imperial, CA
NOVEMBER 2019
Harassment, Discrimination, and Abusive Conduct Prevention Training (English Session) Harassment, Discrimination, and Abusive Conduct Prevention Training (Spanish Session)
November 6, 2019
Fresno, CA
November 7, 2019
Fresno, CA
November 10–13, 2019 Annual Meeting at Wailea Beach Marriott Resort & Spa Wailea, HI
Harassment, Discrimination, and Abusive Conduct Prevention Training (English and Spanish Sessions) Harassment, Discrimination, and Abusive Conduct Prevention Training (English and Spanish Sessions) Harassment, Discrimination, and Abusive Conduct Prevention Training (English and Spanish Sessions)
November 12, 2019
Modesto, CA
November 25, 2019
Bakersfield, CA
November 26, 2019
Tulare, CA
= WG Event
For more information about these and other Western Growers events, please visit wga.com/events. Want your event listed? For questions, please contact marketing@wga.com
45
SEPTEMBER | OCTOBER 2019
Western Grower & Shipper | www.wga.com
Made with FlippingBook - Online Brochure Maker