Get insights into your workforce to make critical business decisions. Human resource teams need to gain efficiencies in their workday. Contact us today so we can learn more about your business. This will help combat employees sitting on reimbursement requests for months or years, but ultimately the deadline to submit a reimbursement request will depend on state specific laws where they exist. You can also choose to only offer the benefit to employees in certain states or classes. A nonaccountable plan treats any reimbursement or other allowance arrangement as supplemental wages and subject to taxes. Our customers are our heroes. Employers must reimburse authorized expenses in advance or within 30 days of the employee submitting an expense claim ( Iowa Code Ann. In Mid-March, much of the nations workforce began working from home due to the COVID-19 pandemic. South Dakota Statute Codified Law 60-2-114. This entry does not create an attorney-client relationship. Thus, to be in compliance with section 2802, the employer must pay some reasonable percentage of the employee's cell phone bill. However, its important to exercise caution when selecting an integrated solution since employees and managers may need to learn a new system, resulting in additional effort and the possibility of mistakes. Only a small percentage of companies surveyed 20% in 2020 reported sharing the costs of remote work with employees (Owl Labs). Also, the court noted that even though some employees have plans which do not result in any additional cost for work use, the employer is still required to reimburse: The threshold question in this case is this: Does an employer always have to reimburse an employee for the reasonable expense of the mandatory use of a personal cell phone, or is the reimbursement obligation limited to the situation in which the employee incurred an extra expense that he or she would not have otherwise incurred absent the job? The reality is, its open to interpretation. By way of a recent amendment, the Illinois Wage Payment and Collection Act now requires employers with employees working in the State to reimburse their employees "for all necessary expenditures or losses incurred by the employee within the employee's scope of employment and directly related to services performed for the employer." That answer depends on where your workforce is located. (GINA). RF%|h3H c"40JOwF}\5Y UGUn}:xIdRu :I8U xys B Jir:TxwO1;ZL&)[G&+E,NU; Cochran v. Schwan's Home Serv., Inc., 228 Cal. 1. https://www.latimes.com/business/story/2022-04-07/covid-work-from-home-lawsuits-pandemic-business-expenses-litigation, 2. https://www.linkedin.com/news/story/amazon-sued-over-remote-work-costs-5351604/, 3. https://www.dol.gov/agencies/whd/flsa/pandemic#14. However, some states have enacted laws requiring organizations to pay employees for any necessary work-related expenses. Put this policy in writing and expressly state that employees may submit expense reimbursement requests each month to the extent that the flat rate does not cover the total expenses for the usage that month. (b) All awards made by a court or by the Division of Labor Standards Enforcement for reimbursement of necessary expenditures under this section shall carry interest at the same rate as judgments in civil actions. Whenever an agreement between a bona fide labor organization and an employer or an association of employers requires that employees shall be paid an agreed wage or rate of wages for their services, it shall be unlawful for any person, either for that person or any other person, to request, demand or receive, either before or after such . HR solutions purpose-built to help leaders create great places to work. (July 2021), Providing Perspective on President Bidens Executive Order on Promoting Competition in the American Economy (July 2021), Best Practices for Tracking Proof of Employee Vaccinations (May 2021), Key Considerations in High Profile Investigations (May 2021), Avoiding Discrimination Lawsuits Following Layoffs (Mar. While a remote work model has key benefits for employers and employees, there are additional considerations, such as costs for employees' laptops, printers, desks, postage, telephone and internet, and office supplies such as paper and ink. Some states (like California, Illinois, and Montana) have more robust reimbursement laws in that employers are required to reimburse employees for all necessary expenditures or losses or business expenses incurred by the employee in direct consequence or discharge of his or her duties. This article will break down expense reimbursement laws by state and what counts as a necessary cost. Ann 260.3. General Email: info@utilityproject.org Get real-time analytics to HR & Payroll data. What portion ofthese business-related expenses are, or should be, reimbursable? As an example, under Section 2802 of California's Labor Code, employers are required to reimburse their employees for "all necessary expenditures or losses incurred by the employee as a direct consequence of the discharge of his or her duties," or to comply with the directives of the employer. Unfortunately, in the years after Cochran was decided, employers still dont have a good answer because the courts and government agencies have not provided specific guidance. Once you understand your obligations, set clear guidelines for your employees. The following conditions must be met for such nontaxable treatment: (a) the employee maintains the type of cell phone coverage that is reasonably related to the needs of the employer's business; (b) the reimbursement amount is reasonably calculated not to exceed the employee's actual cell-phone expenses; and (c) the reimbursement for . To show liability under section 2802, an employee need only show that he or she was required to use a personal cell phone to make work-related calls, and he or she was not reimbursed. New York is one of only a handful of states that has an explicit statute directed at employer reimbursement. Hire and retain staff with earned wage access. This approach is likely effective for employers in dealing with cell phone reimbursements as an employees cell phone bill is usually a fixed cost. Whether the employees have cell phone plans with unlimited minutes or limited minutes, the reimbursement owed is a reasonable percentage of their cell phone bills." (Cochran v. Schwan's . Overview. Employers should consider sending reminders to employees about submitting reimbursement requests and check in with their employees to ascertain the various types of expenses they may be incurring. They should not be construed as legal advice, and readers should not act upon the information contained in these publications without professional counsel. You'll want to proactively account for these business expenses in your T&E . In 2021 and 2022, some employees sued their employers over unreimbursed remote work costs. With this unprecedented shift in working habits, employers may be overlooking business-related expenses being incurred by their employees. Massachusetts General Laws Part I, Title XXI, Chapter 149, Section 1488. 1144.). A: An employer is likely not responsible for the entire personal cell phone bill of an employee simply because that employee uses his/her personal cell phone for work purposes. Consequently, many workforces were thrust into remote work models without adequate time and resources to develop thoughtful remote work plans and fully contemplate the impact of the shift on their businesses. Were growing and want to hear from you. Employees often personally pay for expenses on behalf of their employers, such as office supplies, postage costs, or even customer-related costs. Differences in reimbursement can be justified based on position (and amount of usage). 115,9.5; Mont. Otherwise, the employer would receive a windfall because it would be passing its operating expenses on to the employee. In the Cochran case mentioned above, the court of appeals held that employers must reimburse a reasonable percentage of their employees cell phone bills. Our unparalleled expertise is coupled with an ability to provide a single point of contact for full-service, seamless employment support. While working from home raises a myriad of issues (e.g., data privacy and security, health and safety, employee engagement, and more), this post focuses on expense reimbursements related to telecommuting. Employers should consider reimbursing costs such as a reasonable percentage of use for things like home electricity, personal cell phones, printer paper, pens/pencils, etc. The following is our summary of significant U.S. legal and regulatory developments during the first quarter of 2023 of interest to Canadian companies and their advisors. For example, if an employee incurs a business expense in a state governed by the FLSA (or a state with reimbursement laws mirroring the FLSA rule), it is the employers burden to determine whether that expense brings the employees compensation below minimum wage, and if so, to reimburse that employee accordingly. Streamline recruiting and hiring so you can quickly and effectively fill open positions, develop top talent, and retain your workforce. The employee can also ask the Labor Commissioner to cite the employer or anyone acting on the employers behalf under Labor Code Section 2802(d). Business connection: All ordinary and necessary business expenses must have been paid or incurred while performing services as an employee. Employers should also reassess their employee reimbursement policies in order to ensure they remain compliant. Washington State Department of Labor & Industries15. (c) For purposes of this section, the term necessary expenditures or losses shall include all reasonable costs, including, but not limited to, attorneys fees incurred by the employee enforcing the rights granted by this section. Employers should also be aware of any potential reimbursement obligations under the FLSA or the obligations for employees working remotely as a reasonable accommodation under the ADA. Employers must reimburse employees for uniforms, purchased or rented equipment, or consumable supplies upon their termination of employment. 3. Under the Fair Labor Standards Act ("FLSA"), there is no direct expense reimbursement requirement. Generally, businesses arent required to pay expenses when workerschooseto work remotely. In order to qualify for an accountable plan, the employers reimbursement or allowance arrangement must follow all three of these rules: Since accountable plan reimbursements arent considered wages, they arent subject to taxation and are also deductible by the employer as business expenses. With so many employees working remotely, employers also began to wonder if they should reimburse their employees. As the pandemic continues, many employers are attempting to adapt to their workforce's new normal, which may include a continuation of their current remote model or the implementation of a hybrid work model. California Labor Code 2802 LAB . Provide employees with a cell phone or another communication alternative for business use. Equipment such as copiers, printers, and fax machines, if necessary. Interestingly, this law has been interpreted to require employers to reimburse employees for a reasonable percentage of their monthly internet or mobile telephone bill for work-related uses, even in instances where the employee has an unlimited wireless data plan or where their internet bill does not increase based on usage. Ensure you have a strong onboarding process. New York Labor Law 198-C. 43 Pa. Stat. A: With employees having historically worked in an office environment, many of the supplies and resources they utilized to complete their job duties were provided for by the employer (i.e., printer paper, pens/pencils, computers, electricity, computer monitors, internet, phones, etc.) An action plan to help you achieve HR excellence based on Paycors proprietary data and research. Control costs and make every dollar count with reporting. Review, reimburse, and report on employee expenses in one location. Paycors HR software modernizes every aspect of people management, which saves leaders time and gives them the powerful analytics they need to build winning teams. Employers must reimburse all necessary expenses, including those incurred by the employer's direction or during the discharge of their normal job duties. Lets create value across your portfolio. 2023), How to Navigate Ballooning Pay Disclosure Laws Across the US (Mar. The California Court of Appeal agreed there were violations and held (which means, its now the law): We hold that when employees must use their personal cell phones for work-related calls, Labor Code section 2802 requires the employer to reimburse them. Employee stipends allow your remote workers to cover their employee expenses quickly and flexibly, all while satisfying state requirements for remote work expenses. Soon, employees wondered who should be responsible for the expenses theyd accumulated for remote work. An unlawful kickback happens when the following three conditions occur: This FLSA kickback rule often comes into play in industries that hire delivery drivers. 4th 1137 (2014). Many of these organizations agreed to give remote workers a monthly stipend of up to $83. In the most employee-friendly state, California, employers may even be required to pay a portion of home utilities, such as air conditioning. San Diego, CA, 92108 at pp. Federal law doesn't require employers to reimburse their employees for work expenses. ), hotspot device or internet service usage if the following conditions are met: The agency has an established written policy detailing how the charges will be reimbursed. More states are likely to consider adopting remote work and employee reimbursement laws in the future. 2022), Guidelines for Accommodating Sincerely Held Religious Beliefs and Disabilities for Employers Mandating Vaccinations (Sept. 2021), Religious Beliefs in the Workplace Following the Supreme Courts Bostock Decision (Sept. 2021), The COVID-19 Employment Litigation Landscape Is It All Uphill From Here? Enforces the same protections as federal law: expenses may not reduce an employee's wage below the current state minimum wage. Explore our product tour to see how. Hire skilled nurses and manage PBJ reporting. Employers must reimburse all necessary expenses, including those incurred by the employer's direction. There is no federal law requiring employers to have a policy related to remote work reimbursement; but some states require it. When employees must use their personal cell phones for work-related calls, Labor Code section 2802 requires the employer to reimburse them. The Division of Labor Standards protects all workers, including those that are undocumented or paid off the books, and ensures employers are following Labor Laws. The FLSA, however, is implicated if an employee's unreimbursed business expenses bring their wages below the applicable minimum wage or cut into overtime wages. Distribute the policy to employees, and remember to inform new employees when they are hired. Employers should reimburse expenses that are unavoidable and necessary for employees to fulfill their job responsibilities, according to guidance by the Massachusetts Attorney Generals office. Employers must reimburse employees for business expenses related to necessary duties or at the employer's direction. The answer is that reimbursement is always required. This can be a valuable employee perk to help attract and retain employees in the tight labor market. In other words, it is no concern to the employer that the employee may pass on the expense to a family member or friend, or to a carrier that has to then write off a loss. Illinois' law is slightly more limited in scope than California's expense reimbursement law. Stat. (d) In addition to recovery of penalties under this section in a court action or proceedings pursuant to Section 98, the commissioner may issue a citation against an employer or other person acting on behalf of the employer who violates reimbursement obligations for an amount determined to be due to an employee under this section. Learn more about offering an employee stipend for remote work. Section 2802; 820 Ill. Comp. One of the best ways to handle remote work expense reimbursements is to create a written policy for your organization that outlines what reimbursable expenses are for your employees. Remote work has become the new normal for many Americans with over 27 million people working from home. 1144.). While most states don't have reimbursement laws, "it's up to the employer to do the right thing," said Laura Handrick, an HR professional at Choosing Therapy in Brooklyn, N.Y. When employees work from home, they use their own electricity, internet and (often) office supplies. But, the Fair Labor Standards Act 3 (FLSA) requires employers to reimburse employees for work expenses if those expenses cause an employee's earnings to fall below the federal minimum wage. The consequences to the employer for violations are severe, including penalties, interest and attorneys fees (subsections (b), (c) and (d).). Consumer Wireless Telephone Recycling. Plan, manage, and execute pay increases and rewards. These federal requirements apply to all business expenses. Stay up to date with the latest HR trends. To help employers, weve put together a chart listing which states have remote employee reimbursement laws and what expenses must be reimbursed. Read how HR solutions offer technology that is key to success. Some states require employers to reimburse employees only for necessary expenditures. And, even if your state does not mandate reimbursement, a reimbursement policy will help manage expectations with your employees. The Cochran case provides guidance on how to calculate a reasonable reimbursement for the mandatory use of personal devices such as cell phones: employers must compensate their employees for a "reasonable percentage" of the employee's cell phone bill under Section 2802. It's best to check your state's laws regarding what's considered a necessary business expense. Where an employee incurs expenses on his employer's behalf or where he is required to expend sums by reason of action taken for the convenience of his employer, section 7 (e) (2) is applicable to reimbursement for such expenses. You can edit the text in this area, and change where the contact form on the right submits to, by entering edit mode using the modes on the bottom right. However, several states (including California, the District of Columbia, Illinois, Iowa, Massachusetts, Montana and New York) have specific state law requirements applicable to employee expense reimbursements. Manage all employee tasks and documents in one place. HR solutions purpose-built to help CFOs mitigate risk and control costs. consumable supplies required in the course of that employment., for all that he necessarily expends or loses in direct consequence of the discharge of his duties as such or of his obedience to the directions of the employer., An employee who incurs expenses in connection with his or her employment and at the request of the employer, except those expenses normally borne by the employee as a precondition of employment, which are not paid for by wages, cash advance, or other means from the employer, shall be reimbursed for the payment of the expenses within 30 days of the presentation by the employee of proof of payment.. 98% of respondents in Buffers 2023 Remote Work Survey of 3000 would like to work remotely for the rest of their careers (Buffer). However, because of the new normal of working from home, employers must vigilantly analyze the types of expenses their employees are incurring for business-related purposes and provide reimbursement accordingly. App. App. Page Content These days, most employers can't keep pace with technology as nimbly as their workforce can. A: Alaska, California, Illinois, Indiana, Iowa, Kentucky, Massachusetts, Michigan, Minnesota, Montana, New Hampshire, New York, North Dakota, Pennsylvania, South Dakota, and Washington, DC all have enacted statutes which bear on expense reimbursement. Build a Morning News Brief: Easy, No Clutter, Free! Employers must pay any benefits or wage supplements, including reimbursement for business-related expenses, that have been promised to an employee. Moreover, the employee has a relatively easy burden to successfully make a liability claim against his/her employer on this issue. The FLSA does not explicitly require an employer to reimburse its employees for business expenses or deductions. Section 39-2-701(1)). Not only does our interpretation prevent employers from passing on operating expenses, it also prevents them from digging into the private lives of their employees to unearth how they handle their finances vis--vis family, friends and creditors. Until more guidance is provided from the courts or a government agency, the employer should carefully monitor its practice and make sure it has a policy of reasonable reimbursement and fully address any employees grumbling about fair reimbursement. Law Department, governs the limited personal use of the City of New York's ("City") office and technology resources by City employees. First, lets discuss why employers need to know remote work reimbursement laws. The determination as to which expenses are "necessary" is certainly a fact-specific inquiry and will vary depending on the type of job the employee holds. So, what to do? Weve been helping our New York City clients fight for their right to adequate compensation for over thirty years. Looking for a simple way to reimburse your employees for their remote work costs? Representation in business, real estate, construction, home care, trust and probate litigation and general civil litigation. Interest shall accrue from the date on which the employee incurred the necessary expenditure or loss. https://casetext.com/regulation/district-of-columbia-administrative-code/title-7-employment-benefits/chapter-7-9-wage-hour-rules/rule-7-910-tools, https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2402&ChapterID=68, https://www.legis.iowa.gov/docs/code/91A.3.pdf, https://malegislature.gov/laws/generallaws/parti/titlexxi/chapter149/section148, https://www.revisor.mn.gov/statutes/cite/177.24, https://leg.mt.gov/bills/1995/mca/39/2/39-2-701.htm, https://casetext.com/statute/new-hampshire-revised-statutes/title-23-labor/chapter-275-protective-legislation/reimbursement-of-employee-expenses/section-27557-reimbursement-of-employee-expenses, https://newyork.public.law/laws/n.y._labor_law_section_198-c, https://casetext.com/statute/north-dakota-century-code/title-34-labor-and-employment/chapter-34-02-obligations-of-employer-and-employee/section-34-02-01-employer-must-indemnify-employee-for-losses-and-expenses-exception, https://sdlegislature.gov/Statutes/Codified_Laws/2077532, https://lni.wa.gov/workers-rights/wages/getting-paid/, http://www.seattle.gov/laborstandards/ordinances/wage-theft, https://www.reuters.com/legal/government/amazon-sued-over-employees-remote-work-costs-during-covid-19-pandemic-2022-03-25/. 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