Two months ago, this column addressed a California Court of Appeal ruling in Thai v.
International Business Machines Corp. that Labor Code Section 2802 required a private employer to reimburse its employees for equipment employees purchased to perform their work remotely, triggered by the state’s COVID-19 pandemic stay-at-home order.
CSU had rejected Krug’s request for reimbursement. Before Krug filed his lawsuit, the state Division of Labor Standards Enforcement told him CSU had unlawfully denied his request.But the trial court disagreed with Krug and the appellate court affirmed dismissal of his suit.
Section 2802 does not on its face apply to public employers. But there also is no positive indication the legislature intended to exclude public employers from the statute. The decisive question, then, was whether requiring CSU to reimburse its faculty for home-office expenses resulting from the pandemic would infringe on CSU’s powers as a government agency? The court of appeal held that it would. Section 2802 therefore could not apply to Krug’s reimbursement request.
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