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Was a professor entitled to reimbursement under Labor Code 2802 when he bought a computer and other equipment to teach remotely during the COVID-19 pandemic?
Last month, the Second District Court of Appeal addressed this issue.
New CA Employment Decision
Krug v. Board of Trustees of the Cal. State Univ. (2023) _ Cal.App.5th _ , 2023 WL 5543521: The Court of Appeal affirmed the trial court’s order sustaining defendants’ demurrer, without leave to amend, to plaintiff’s action seeking reimbursement, under Labor Code section 2802, for expenses of a computer and other equipment that were incurred by plaintiff (a biology professor at CSU-Los Angeles), and other similarly situated faculty as a result of being ordered to teach remotely during the COVID-19 pandemic. The Court of Appeal affirmed the trial court, concluding that absent express words or positive indicia to the contrary, a governmental agency is not within the general words of a statute. Although this exemption is limited to cases where application of the statute would impair the entity’s sovereignty, subjecting defendant to Labor Code section 2802 in this case would do so because it would infringe on the broad discretion defendant enjoys under the Education Code to set its own equipment reimbursement policies. (C.A. 2nd, August 29, 2023.)
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