GATTUSO v. HARTE-HANKS SHOPPERS, INC.

No. S139555.

67 Cal.Rptr.3d 468 (2007)

169 P.3d 889

Frank GATTUSO et al., Plaintiffs and Appellants, v. HARTE-HANKS SHOPPERS, INC., Defendant and Respondent.

Supreme Court of California.

November 5, 2007.


Attorney(s) appearing for the Case

Hollins • Schechter, Andrew S. Hollins, Kathleen M.K. Carter, Jeffrey R. Gillette, Santa Ana, Alicia K. Berry and Christine R. Arnold, for Plaintiffs and Appellants.

Tosdal, Smith, Steiner & Wax and Thomas L. Tosdal, San Diego, for Employee Rights Center as Amicus Curiae, on behalf of Plaintiffs and Appellants.

Seyfarth Shaw, Raymond R. Kepner, Los Angeles, Ann Haley Fromholz, John A. Van Hook and Holger G. Besch, Los Angeles, for Defendant and Respondent.

Winston & Strawn, Lee T. Paterson, Los Angeles, Tyler M. Paetkau, Robert Spagat, San Francisco, and Julia Lapis Blakeslee, Los Angeles, for Employers Group as Amicus Curiae, on behalf of Defendant and Respondent.

Paul, Hastings, Janofsky & Walker and Paul Grossman, Los Angeles, for California Employment Law Council as Amicus Curiae, on behalf of Defendant and Respondent.


KENNARD, J.

Labor Code section 2802, subdivision (a), requires an employer to indemnify its employees for expenses they necessarily incur in the discharge of their duties.1 May an employer satisfy this statutory obligation by paying employees increased wages or commissions instead of separately reimbursing them for their actual expenses?

We conclude that an employer may satisfy its statutory reimbursement obligation by paying employees...

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