Does your employer have to pay you back for tools, gas and phone?

This page covers getting paid back for work costs. It is general information, not legal advice. For unpaid wages, see How to file a wage claim.

What does the law say?

Labor Code 2802 says your employer must pay you back for all necessary expenses or losses that come directly from doing your job, or from following your employer's directions. "Necessary" includes all reasonable costs.

Three more rules give this teeth:

• You cannot give this right away. Any agreement to waive it, written or spoken, is void (Labor Code 2804). A paper you signed at hiring saying "you pay your own gas" does not take away your right.
• Interest. If the Labor Commissioner or a court awards you money, it earns interest from the day you spent it (Labor Code 2802(b)).
• Lawyer's fees. Reasonable costs include attorney's fees you need to enforce this right (Labor Code 2802(c)).

Your immigration status does not matter. California's labor laws protect all workers, and the Labor Commissioner does not ask about status.

What counts as a work cost?

If the job needed it, and you paid, it usually counts. Common examples:

• Gas, wear and tear and parking when you drive your own car for work
• Your personal phone and data, when the job requires you to use it
• Tools and equipment the employer requires or the job needs
• Required uniforms
• Cleaning supplies you buy for a client's house
• Work travel: bus fare, train, plane, hotel, meals on a work trip
• Home office costs when your employer has you work from home, like internet or supplies

Do I get paid back for driving my own car?

Yes, when you drive your own car for work, such as between job sites, to clients, or on deliveries. The California Supreme Court in Gattuso (2007) said an employer can pay you back in one of three ways:

1. Your actual costs: gas, maintenance, repairs, insurance, depreciation for work miles.
2. A mileage rate, such as the IRS rate. For 2026, the IRS business rate is 72.5 cents a mile (Notice 2026-10, effective January 1, 2026).
3. A lump sum or higher pay, but only if the employer clearly shows what part is the reimbursement, and that amount fully covers your real costs.

Whatever method your employer uses, if it does not cover what you really spent, you can claim the difference.

Example. You drive 400 work miles in a month. At the IRS rate, that is 400 x $0.725 = $290. If your boss pays you a flat $100 for gas, you may be owed more. Keep a mileage log.

Note: the IRS rate is a guide many employers use. The law does not require that exact rate, only that you are fully paid back.

Do I get paid back for my phone?

Yes, if your employer requires you to use your personal phone for work calls, texts or apps. A California appeals court in Cochran v. Schwan's (2014) held that the employer must pay a reasonable percentage of your phone bill, even if you have an unlimited plan and your bill did not go up.

Ways to show your share:

• Count the work calls, texts and app time for a typical week.
• Save screenshots of work group chats, scheduling apps and calls from your boss.
• Note if you had to buy a better phone or more data because of the job.

Do I have to buy my own tools or uniform?

Usually no. California's wage orders, like Wage Order 4, say:

• Uniforms. If your employer requires a uniform, the employer must provide it and maintain it. A uniform includes clothing or accessories of a distinctive design or color.
• Tools and equipment. If your employer requires tools or equipment, or the job needs them, the employer must provide them and keep them working.
• One exception. If you earn at least two times the minimum wage, your employer may require you to bring the hand tools usually used in your trade. In 2026 that means at least $33.80 an hour under the state minimum wage of $16.90 (Labor Commissioner). Larger equipment is still the employer's job. This exception does not apply to registered apprentices.

Safety gear that Cal/OSHA rules cover is handled under safety rules. See Heat at work and Your rights at work.

Can my boss take money from my pay for breakage or shortages?

Only in narrow cases. Under the wage orders, an employer may not take money from your pay, or make you pay back, for a cash shortage, a broken item or lost equipment, unless it was caused by a dishonest or willful act, or by your gross negligence (Wage Order 4, section 8). An ordinary accident is not enough.

If money was taken from your check, you can claim it back in a wage claim. Illegal deductions also reach back 3 years.

How do I get my money back?

1. Ask first, in writing. Send your employer a list of costs with receipts and ask to be paid back. Keep a copy. Use the log below.
2. Keep every receipt, gas card statement and phone bill. Photos are fine.
3. Track work miles separately from your commute.
4. File a wage claim if you are not paid. List "unreimbursed business expenses" on DLSE Form 1. Full steps: How to file a wage claim.
5. Watch the deadline. Unpaid reimbursements reach back 3 years.

What if I am called an independent contractor?

Real independent contractors pay their own costs. But many workers called contractors are really employees under California law, and employees get paid back. If your boss sets your hours and tells you how to do the work, read Am I an employee or an independent contractor?

What mistakes should I avoid?

• Mixing commute and work miles. Write down where each trip started and ended.
• Throwing away receipts. A photo on your phone is enough.
• Thinking "unlimited plan" means no claim. The Cochran ruling says a share is still owed.
• Believing a signed waiver. It does not count.

Who can help?

• California Labor Commissioner: 833-526-4636, with phone interpreters. Offices in San Jose, San Francisco and Oakland; none in San Mateo County (office list).
• Legal Aid at Work, Workers' Rights Clinic: free and confidential, income limits or age 60 and up. East Palo Alto line (415) 404-9093 (clinic page).
• San Mateo County Office of Labor Standards Enforcement: Labor Advice Hotline 1-866-870-7725 (county page).
• More: Free help with a work problem in the Bay Area.

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

Frequently asked questions

My boss pays a little extra each week "for gas." Is that enough? Only if it really covers your work driving costs and your employer can show what part of your pay is for gas. Compare it with your mileage log at 72.5 cents a mile.

I work from home now. Does my employer owe me anything? If the job requires costs you would not otherwise have, like extra internet or printer ink, Labor Code 2802 can cover a reasonable share. Keep bills and ask in writing.

Can my employer make me pay for a background check or training? Labor Code 2802 says your employer must pay you back for all necessary costs you have as a direct result of doing your job. Whether a background check or a training fee counts depends on the facts, and no official guide we can point you to answers it directly. Keep the receipt, ask in writing to be repaid, and ask a free clinic about your case.

I am paid in cash. Can I still claim? Yes. Payment method does not change this right.

I quit. Can I still ask? Yes, within 3 years. You can file even after leaving the job.

We checked these rules on October 21, 2026. Laws change; check the linked pages before you act.