CA remote worker, what am I entitled to?…

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CA remote worker, what am I entitled to?…

I was working sales in CA, remotely, for a company in TN. What am I entitled to be reimbursed? Since March 2019, I have not received any compensation. Even after I requested it several times. Are car maintenance, mileage, supplies for marketing material such as business cards, flyers, handouts, food/items expenses used during meetings, printer and ink to keep up with materials used for the company, hotel overnights past the 80 allotment given, hours spent working after 40/hr a week and missed lunches? Also, if my offer letter indicated the bonuses are reflected during the yearly review and I did not make the year’s end, am I entitled to those bonuses for getting those client’s signed? Lastly, what should be my next steps to obtained what I am entitled to?

Asked on July 9, 2019 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

There is no obligation for a company to reimburse or pay ANY expenses--e.g. car maintenance, mileage, supplies, marketing materials, etc. You get those only if the company voluntarily choose to pay them or if you have a written contract guarantying you them.
Labor, including wage and hour law, is governed by the state you actually work in. You can look up the exact things you are entitled to by going to the CA department of labor's website (it's a good site, with comprehensive information), but in brief, if you are not exempt from overtime (which includes if you are an hourly employee), you are entitled to overtime when working more than 8 hours in a day or 40 hours in a week and are entitled to an unpaid 30 minute meal break when working more than 5 hours. But if you were an exempt salaried employee, you would not get overtime or meal breaks.
An offer letter is not binding unless it was an actual written employment contract, and if it said that bonuses were calculated at year's end, you would in any event likely not get the bonus if you did not make it to year's end. But if you do have a contract mentioning bonuses, review exactly what it says; contracts are enforced as per their precise language.
Therefore, you may not be entitled to anything but possibly overtime if you were non-exempt. If that is the case, try contacting the state department of labor for help. But if you do have a contract that guaranteed you things you did not get, such as expenses or hotel overnights or a bonus, then you could sue the employer for those things based on their "breach of contract."


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