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Expense Reimbursement: What Remote Work Makes Mandatory

Federal law only forbids expenses that cut pay below minimum wage — but California, Illinois and a growing list of states require reimbursing 'necessary' business expenses, and remote work turned home internet and cell phones into exactly that.

LegalWorkplace.com Staff Reviewed Sep 2026 · 8 min read
Expense Reimbursement: What Remote Work Makes Mandatory
Federal rule
The FLSA forbids business expenses only when they drop effective pay below minimum wage or owed overtime — a floor, not a reimbursement right.
The state rule
California Labor Code 2802 requires indemnifying all necessary expenditures — including a reasonable share of personal cell and internet used for work.
The list
California, Illinois, Montana, and several other states plus Seattle impose reimbursement duties — each with different contours.
Not legal advice. Educational guide to general U.S. employment law. Rules vary by state — consult an employment attorney for specific cases.
01

The federal floor

Federal law contains no general reimbursement right. The FLSA's rule is a floor: business expenses borne by the employee — equipment, tools, uniforms — cannot reduce effective pay below minimum wage or eat into owed overtime in any workweek. For minimum-wage-adjacent workers required to fund their own tools, that bites; for a salaried engineer it rarely does. Which is why the action is entirely in state law — and why an employer's exposure depends on the map built in the out-of-state hiring guide.

02

The mandatory-reimbursement states

California — Labor Code 2802
The template: employers must indemnify all necessary expenditures incurred in direct consequence of the job. Case law (Cochran v. Schwan's) requires paying a reasonable percentage of a personal cell bill used for work — even on an unlimited plan. Attorney's fees for enforcement are recoverable, which is why 2802 class actions are routine.
Illinois — 820 ILCS 115/9.5
Necessary expenditures within the employee's scope of employment, subject to the employer's written policy — a policy can set specifications and caps, but can't refuse reimbursement entirely.
The rest
Montana, New Hampshire, North Dakota, South Dakota and others carry reimbursement statutes of varying strength; Seattle adds a local ordinance; Massachusetts regulation reaches required uniforms and travel. The list grows — check the state library for the states where you employ.
03

What "necessary" covers for remote workers

When the employer requires or expects remote work, the recurring candidates are: a reasonable share of home internet, a reasonable share of a personal cell phone used for work, required software and peripherals, and — less settled — home-office furniture and increased utilities. The California analysis doesn't ask whether the employee paid more because of work; it asks whether the expense was necessary to do the job. An employee required to take calls owes a phone; the employer owes a reasonable slice of it. Optional remote work (a genuinely available office, employee chooses home) weakens the claim — but 'genuinely available' is a fact question employers lose more often than they expect.

04

Building the policy

The clean design: company-issued equipment for the expensive items (laptop, monitor, headset — owned, tracked, returned per the remote work policy); a monthly stipend sized to the reasonable cost of phone and internet in your workforce, stated as covering those expenses; and an actual-expense claim path with receipts for anything beyond — the true-up that keeps a stipend lawful. Put submission deadlines in writing (Illinois lets you require them), pay reimbursements separately from wages so they stay out of the regular rate, and apply one standard nationally: administering fifty variants costs more than reimbursing everyone at the California standard.

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Frequently asked questions

Does federal law require reimbursing remote work expenses?
Only indirectly: under the FLSA, unreimbursed business expenses can't reduce an employee's effective rate below minimum wage or cut into overtime. For most salaried remote workers that floor never binds — the real obligations are state law.
What does California Labor Code 2802 require?
Indemnification of 'all necessary expenditures or losses incurred in direct consequence of the discharge of duties.' California courts have held this includes a reasonable percentage of a personal cell phone bill used for work — even when the employee's plan cost nothing extra. Stipends are lawful if they actually cover the reasonable cost.
Which states besides California mandate reimbursement?
Illinois amended its Wage Payment and Collection Act in 2019 to require reimbursement of necessary expenditures; Montana, New Hampshire, North Dakota, South Dakota and others have reimbursement statutes with varying scope; Seattle adds a local ordinance. Multi-state employers should build one policy to the strictest standard.
Is a flat stipend enough?
A stipend satisfies 2802-type laws only if it actually approximates the reasonable cost — with a true-up path for employees whose real expenses run higher. A $25 stipend against a documented $80 work-driven cost is a violation with a paper trail.
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