COLIN COCHRAN, Plaintiff and Appellant, v. SCHWAN'S HOME SERVICE, INC., Defendant and Respondent., 228 Cal. App. 4th 1137

Summary

HOLDINGS: [1]-Class certification should have been granted in an action by customer service managers seeking reimbursement of work-related cell phone expenses because Lab. Code, § 2802, requires an employer to reimburse an employee for the reasonable expense of the mandatory use of a personal cell phone, regardless of the details of the employee's cell phone plan, whether the phone bill is paid for by a third person or at all, and whether the employee changed plans to accommodate worked-related cell phone usage; to show liability under § 2802, an employee need only show that he or she was required to use a personal cell phone to make work-related calls, and that he or she was not reimbursed.