Legal Question in Employment Law in California
employee rights
I'm employed as a driver at a limosine company in Los Angeles. Contractual terms of employment are ''at will''. Recently, drivers were issued a memo that requires them to purchase a ''portable GPS navigation system'' as an aid in driving/locating client pick-ups/drop-offs. By June 1, 2007, as a ''condition of employment...'' drivers will be expected to have purchased and own this navigation aid. In other words, my job depends on me being required to afford to pay for the GPS, which is not integral to the successful completion of my duties as a driver. The Thomas Guide has sufficed and my record will show that I've never missed a client pick-up or drop-off because I couldn't find the location. I would contend that the Employer's demand that I purchase this expensive ($280.00) additional GPS device under threat of termination is a violation of my rights as an employee. Please advise about what my legal options might be.
Thank you. Kind Regards
2 Answers from Attorneys
Re: employee rights
California law will require the employer to provide this "tool" if they require it as part of your job. In fact any employer mandated item, whether it be a distinctive uniform or a special tool is the employer's obligation. An exception exists for employees paid 2X the minimum wage - they may be required to provide hand tools customarily required in the trade.
Re: employee rights
Employers must pay for any necessary business expenses. They cannot pass the cost of the GPS system on to the employees if employment depends on using the system. You may diplomatically discuss it with the employer or even refer them to the Labor Commissioner's office to confirm their obligation.
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