Re: Supplies required by employer of part-time hourly person

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On 3/12/06, S. Mitchell wrote:
>
> Does an employer have the right in California to require
> part-time hourly employees to provide certain "tools of
> the trade" for himself when he is on the job....

generally, no. let's consider the law.

Labor Code 2802(a): "An employer shall indemnify his or her
employee for all necessary expenditures or losses incurred by
the employee in direct consequence of the discharge of his or
her duties, or of his or her obedience to the directions of
the employer, even though unlawful, unless the employee, at
the time of obeying the directions, believed them to be
unlawful."

this means that an employer must bear the expense of any
necessary equipment for employees doing their jobs. all costs
of business must be paid by the employer, not employee.

The IWC Wage Orders seem to provide an exception to this rule
by saying (see
http://www.dir.ca.gov/Iwc/WageOrderIndustries.htm
online): "When tools or equipment are required by the
employer or are necessary to the performance of a job, such
tools and equipment shall be provided and maintained by the
employer, except that an employee whose wages are at least
two (2) times the minimum wage provided herein may be
required to provide and maintain hand tools and equipment
customarily required by the trade or craft."

However, the IWC explained in their "Statement as to the
Basis" (on the same webpage): "This exception is quite narrow
and is limited to hand (as opposed to power) tools and
personal equipment, such as tool belts or tool boxes, that
are needed by the employee to secure those hand tools.
Moreover, such hand tools and equipment must be customarily
required in a recognized trade or craft."

In other words, an employer need not provide a barber,
carpenter, or plumber with those tools normally carried by a
barber, carpenter, or plumber BECAUSE those people who work
those jobs customarily have that equipment.

however, pens, etc., that are required by an employee to do a
job must be provided or paid for by the employer NOT the
employee, per Labor Code 2802.

contact the labor commissioner (DLSE)
http://www.dir.ca.gov/dlse/DistrictOffices.htm to complain or
for further questions.

good luck.