So, what to do? If an employee who makes $8.00 an hour incurs $6 per day in unreimbursed employer expenses, the FLSAs kickback provision will lower his or her hourly wage to below minimum wage. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LABionNum=2802. Specifically, you should identify what is considered a necessary expense to be reimbursed and what is not. 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 Home Services, Inc. (2014) 228 Cal. For this, employees will be required to submit a reimbursement form. 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. This serves several purposes. When developing and implementing a policy, employees need to be treated equally in that they all need to be reimbursed for work related phone use. A: Employers should have a written reimbursement policy that requires employees to submit reimbursement requests by a certain deadline after the expense is incurred. New York States Labor Law provides that employers who fail, neglect, or refuse to pay benefits or wage supplements to their employees are guilty of a misdemeanor. Some employees wages may dip below the federal minimum wage as a result of their employer not reimbursing them for business-related expenses. 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. There is no federal law requiring employers to have a policy related to remote work reimbursement; but some states require it. Paycors always in the news for innovation, hiring and more. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the commissioner shall be the same as those set forth in Section 1197.1. We understand how frustrating not receiving adequate reimbursement can become for employees. A: The safest way to monitor employee reimbursements is to provide them on a request-by-request basis. However, there are some costs that employers know employees will incur on a monthly basis and so it may make sense to provide a reimbursement on a more periodic basis. 10170 If providing employees reimbursements on a periodic basis, an employer should perform an analysis to ascertain an amount of reimbursement that is adequate to cover the actual expense incurred by the employee. 115,9.5; Mont. A necessary expense is anything required for the performance of an employees job. Legal analysis to be used to determine if evidence supports a claim of retaliation. Explore our product tour to see how. Rather, an employer should assess on a case-by-case basis the expenses incurred by an employee and make a reasonable determination as to what the proper level of reimbursement is for the expense claimed. Consumer Wireless Telephone Recycling. Return unsubstantiated amounts: Any excess reimbursements or allowances must be returned within a reasonable time (120 days). Typically, you'll make reimbursement payments to your employees on their next paycheck. We help you stay updated on the latest payroll and tax regulations. Drive engagement with talent development and career management. If remote work is mandated, however, a variety of different costs may need to be reimbursed. Illinois law imposes time restrictions by requiring employees to submit expense reimbursement requests within 30 calendar days of incurring the expense and include sufficient documentation to verify the expense. HR solutions purpose-built to help leaders create great places to work. In those cases, the Department of Labor (DOL) has instructed that employers may not require employees to pay or reimburse their employers for remote work costs such as internet access, a computer, additional phone line, and increased use of electricity if telework is being offered as a reasonable accommodation. Expense reports can be reimbursed through a separate check, deposit or sent through payroll using expense management software. 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. Stat. Mitigate risk with proactive payroll and tax alerts. For example, employees may now (and for the foreseeable future) be incurring expenses related to printer paper, pencils, pens, cell phone expenses, home internet bills, etc. Unreimbursed employee expenses may be tax-deductible. Equipment such as copiers, printers, and fax machines, if necessary. Having a written employee expense reimbursement policy in your employee handbook is best to ensure your organization has an action plan for remote workers. The federal minimum wage is currently $7.25 an hour. See how our solutions help you reduce risk, save time, and simplify compliance management. Get insights into your workforce to make critical business decisions. Cochran v. Schwan's Home Serv., Inc., 228 Cal. Generally, reasonable reimbursable expenses will likely include: The employee who prefers the convenience of a standing desk, a wireless computer mouse, or an ergonomic chair will likely foot the bill for these expenses, as such items are generally not deemed reasonable or necessary, absent an employer's legal requirement to provide them. 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. California, however, does have a law requiring employers to reimburse employees for business-related expenses. 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. This includes reimbursement for internet access and phone bills when used for remote work purposes. Remote work has become the new normal for many Americans with over 27 million people working from home. App. That means that employers in D.C. are also generally not required to reimburse employees for the cost of tools and supplies necessary to perform their job where an employee's remote work arrangement is entirely voluntary, meaning they are neither required nor encouraged to continue to work remotely. This article will break down expense reimbursement laws by state and what counts as a necessary cost. What may be reasonable in one instance might not be in another. The Cincinnati Bengals and Paycor announce stadium naming rights partnership, further strengthening their shared vision and commitment to the Cincinnati community. Read how HR solutions offer technology that is key to success. The requirements of the Americans With Disabilities Act (ADA) may also alter employer reimbursement obligations. 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. expiration of such state disaster emergency declaration, New York State Medicaid will reimburse telephonic assessment, monitoring, and evaluation and management services provided to members in cases where face- to-face visits may not be recommended and it is appropriate for the member to be evaluated and managed by telephone. Health insurance regulations differ in each state. Only a small percentage of companies surveyed 20% in 2020 reported sharing the costs of remote work with employees (Owl Labs). Not doing so could subject an employer to potential liability. There is no federal requirement to reimburse employees for business-related expenses. The date reimbursement is due is typically the date that the employee submitted the expense for reimbursement. In the Cochran case mentioned above, the court of appeals held that employers must reimburse a reasonable percentage of their employees cell phone bills. at pp. at p. Illinois Wage Payment and Collection Act, Section 9.5: Reimbursement of employee expenses6. 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. 4th 1137 (2014), employee Colin Cochran filed a putative class action lawsuit on behalf of customer service managers who were not reimbursed for expenses relating to the work-related use of their personal cell phones. For example, California allows an employee up to three years to submit a reimbursement request. 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Feb. 2023), Annual Illinois Employer Update (Jan. 2023), Annual California Employer Update (Dec. 2022), Navigating the World: An Update on Key Global Employment Laws and Trends for US Multinational Employers series (June 2022), California Seeks to Ban Most Criminal Background Checks, Employer WARN-ING: Potential Changes to New Yorks and Californias WARN Acts Barreling Down the Turnpike, Global Employment Law Fastpass for US Multinationals (Webinar Series), Reading the Tea Leaves: What the NLRB GCs New Guidance on Separation Agreements Means for Employers. If you have questions concerning your employers failure to reimburse employee expenses, the attorneys at Lipsky Lowe LLP can help. Topics explained in the new guidance include: The scope of employee activity protected by the law. 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. Human resource teams need to gain efficiencies in their workday. Pay employees from any location and never worry about tax compliance. While there is some discretion the employer can exercise in determining the amount of reimbursement (such as actual expenses and the reasonableness of the employees choice: i.e., was the employee required to use their own phone), the following language by the court shows the standard is still reasonable reimbursement (which means if the issue went to court a judge or jury would determine reasonableness, which means an employer should be careful in this area). Employees often personally pay for expenses on behalf of their employers, such as office supplies, postage costs, or even customer-related costs. Similar to California's law, the Illinois law has also been interpreted to require reimbursement for cell phone and internet expenses when employees are required to use their cell phones or internet for work purposes in addition to equipment such as routers, laptops, and printers. Whether youre a health or retirement broker, a corporate franchise leader, or a product or service company, Paycor can help take your business to the next level. While expense reimbursement policies aren't required, they can help you stay consistent in what's being reimbursed and allow your employees to know what's reimbursable beforehand. Were growing and want to hear from you. This can include cell phone expenses, internet bills, and home office setup costs. 91A.3 (6) ). Currently, 11 states, the District of Columbia, and Seattle, Washington, have laws about reimbursing employees for necessary work-related 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. Employees often use their personal resources to pay for expenses necessary to carry out their employment. According to a 2022 Reuters article17, several clients of Ackermann & Tilajef have settled cases with their employers over unreimbursed remote work expenses. Retain and coach your workforce with career planning. New York, It works like this: you set up a monthly benefit allowance for your employees. Rules against interference with the exercise of rights under the ADA. Paycors leadership brings together some of the best minds in the business. - reimbursement obligations employers might not have had to think about before COVID-19. 0S],IIGV}4n ``. endobj Due to the pandemic, employees in the US are working from home in unprecedented numbers. Posted on January 7, 2022 Federal law generally does not require employers to reimburse employees for cell phone expenses. For help crafting your expense reimbursement policy, please contact your Baker McKenzie employment lawyer. Reimbursement is required even if the employee does not actually incur extra expenses as a result of his or her use. Reimbursement for business-related expenses. App. In sum, employers must reimburse California employees (without distinction) for cell phone use when employees are required to use their personal cell phones for business purposes. Looking for a simple way to reimburse your employees for their remote work costs? You can also choose to only offer the benefit to employees in certain states or classes. 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. Employee stipends allow your remote workers to cover their employee expenses quickly and flexibly, all while satisfying state requirements for remote work expenses. In some cases, local jurisdictions such as cities and counties may impose their own rules regarding expense reimbursement. 2. There arent any federal guidelines on remote work-specific expenses. *Represents approximately 30,000 corporate clients covering 40,000 businesses employing people. It is irrelevant whether the employee changed plans to accommodate work-related cell phone usage. Find quality candidates, communicate via text, and get powerful analytics. For example, in New York, employers must. Illinois' law is slightly more limited in scope than California's expense reimbursement law. If you want specific legal advice about your particular legal issues, or if you want to create an attorney-client relationship, you need to retain the Law Offices of Ron A. Stormoen by a signed written retainer agreement. Reimbursements must be paid out within 30 days. Since so few states have enacted laws requiring reimbursement for remote work expenses, the general rule under the FLSA will apply in most cases. Driver violation points The NYS Wireless Telephone Recycling Act (Environmental Conservation Law, Article 27, Title 23*2) requires wireless telephone service suppliers that offer wireless phones for sale, to provide for the free reuse and recycling of up to 10 cell phones from any person or provide for the free shipping of those . 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. at p. Its also important to determine your states tax rules regarding reimbursements and how they will impact your companys and your employees taxes. With the transition to remote work environments, travel-related expenses have been supplanted by work-from-home costs such as office supplies, equipment, and even Wi-Fi reimbursement. California courts have given us some guidance on which expenses would fall into the category of "necessary expenses." Employers cannot waive the right to receive a national minimum wage, either directly or indirectly. Plan, manage, and execute pay increases and rewards. If you have employees working remotely in different states, you can outline the differences in how you'll reimburse their work from home expenses in your expense policy. 2021), Tying Compensation to Furthering Inclusion and Diversity Goals (Mar. Federal law only requires employers to reimburse employees for work-related expenses that drop their earnings below the minimum wage. Other states (like Alaska and Arkansas) require reimbursement only if equipment purchased by employees for work-related purposes cannot be used during normal social activities of the employee or if the purchase/expense would bring the employees compensation below minimum wage. (8 Alaska Admin Code Section 15.165; Code of Arkansas Rules and Regs., 010-14-107(B).). We think a more palatable and reasonable approach is for the employer to pay a flat monthly stipend (e.g., $10 - $100 or some estimated percentage like 10-50%: the reimbursement number is a business decision based on history of usage). Ensure you have a strong onboarding process. Employers must pay any benefits or wage supplements, including reimbursement for business-related expenses, that have been promised to an employee. Amounts recovered pursuant to this section shall be paid to the affected employee. Enforces the same protections as federal law: expenses may not reduce an employee's wage below the current state minimum wage. When employees work from home, they use their own electricity, internet and (often) office supplies. Secondly, select your perk spending categories. 4. Code. Thus, to be in compliance with section 2802, the employer must pay some reasonable percentage of the employee's cell phone bill. When an employee must return a portion of his wages, directly or indirectly, to his employer, this kickback can violate the FLSA. Employees must also submit requests for reimbursement within 30 days of incurring the eligible expense. 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. 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. Reduce labor spend, manage overtime, and maximize productivity across your workforce. Access collaboration tools and resources that help champion equality and promote DE&I best practices in the workplace. Schwan's Home Service, 228 Cal. PHA+Q2hlY2sgeW91ciBpbmJveCBmb3IgYW4gZW1haWwgY29uZmlybWluZyB5b3VyIHN1YnNjcmlwdGlvbi4gRW5qb3khPC9wPg==, Remote Employee Reimbursement Rules by State, Massachusetts General Law Chapter 149, 148A, Paycors integrated expense management software, 5 Benefits of AI Talent Sourcing Technology for Recruiters, Get Our Customizable Employee Review Template, Boost Efficiency and Transform Your Workplace Culture with HR Technology, 10 Tips for Small Businesses Considering a Payroll Provider Switch, Onboard like a Pro: Tips for Successful Employee Integration, all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties., the cost of purchasing and maintaining any tools required of the employee in the performance of the business of the employer., all necessary expenditures or losses incurred by the employee within the employees scope of employment and directly related to services performed for the employer., Expenses by the employee which are authorized by the employer and incurred by the employee shall either be reimbursed in advance of expenditure or be reimbursed not later than thirty days after the employees submission of an expense claim.. Given this, when crafting a nationwide policy, sometimes its simplest to use California as the high water mark. Increase engagement and inspire employees with continuous development. 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? These are not typical expenses that employers would reimburse. Reduce risk, save time, and simplify compliance management. In 2021 and 2022, some employees sued their employers over unreimbursed remote work costs. Paycors compliance solutions help ensure accurate filing and mitigate risk. 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. Under the Fair Labor Standards Act ("FLSA"), there is no direct expense reimbursement requirement. Yes. More? Organizations learned to operate in this new environment almost overnight. Finally, employers operating in these above-referenced jurisdictions should coordinate with a Labor & Employment attorney to review your existing expense reimbursement policy or create and implement such a policy. Law Department, governs the limited personal use of the City of New York's ("City") office and technology resources by City employees. This can be a valuable employee perk to help attract and retain employees in the tight labor market. Manage all employee tasks and documents in one place. However, the court did not provide guidance as to what is meant by reasonable percentage. Does it mean 20 percent? Cell phone reimbursement - When are workers entitled to it? Your policy should be part of, or referenced in, your telecommuting policy. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> (GINA). Authorship Credit:Carter Norfleet and Shareef Farag. Employers should also reassess their employee reimbursement policies in order to ensure they remain compliant. "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. 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. Build a Morning News Brief: Easy, No Clutter, Free! Paycors integrated expense management software streamlines the process for employees to input qualified expenses, for frontline managers to approve them, and for payroll administrators to arrange reimbursement. Engage new hires with onboarding and control costs with timekeeping. 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. Necessary expenses include internet access and phone bills for remote workers. Employers have several options for reimbursing remote work expenses. Employers and employees frequently inquire about whether an employer must reimburse an employee when the employee uses their personal cell phone for the employers business? Leverage AI to automate sourcing and increase candidate diversity. 2023 Lipsky Lowe LLP | Phone: 212-392-4772 However, some states have enacted laws requiring organizations to pay employees for any necessary work-related expenses. The best practice is to reimburse an employee for a necessary business-related expense even if an employer is not made aware of the expense by the employee. Soon, employees wondered who should be responsible for the expenses theyd accumulated for remote work. 10 states and Washington D.C. have laws that require certain remote work expenses to be reimbursed. The laws around what's considered necessary are relatively open to interpretation, but state laws generally define necessary as any expense required for the employee to complete their job. When looking to retain your remote workers and hire new remote talent, offering fringe benefits like a remote work stipend to your employees can help you compete with organizations that don't provide a remote work benefit. And, even if your state does not mandate reimbursement, a reimbursement policy will help manage expectations with your employees. When the COVID-19 pandemic forced some businesses in the United States to move to remote work, many organizations didnt have a remote work policy or procedures in place. Table Of Contents Hours Worked Leave Laws Wage and Hour Wage Payment Employer Obligations Updated Laws States Employment and Labor Laws New York Resources Minimum Wage: $14.20/$15.00 Overtime: $21.30/$22.50 New York Labor Department Civil Rights New York Legislature 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. New York Governor Kathy Hochul has signed into law a bill that will require employers to provide notice to employees of electronic monitoring of telephone, email, and internet access and usage.. all that the employee necessarily expends or loses in direct consequence of the discharge of the employees duties.. Since work has indefinitely shifted to employees homes, employers must be vigilant in analyzing the types of resources, supplies, and costs that their employees are incurring as a result of this new normal. 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. This entry does not create an attorney-client relationship. 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. Is slightly more new york cell phone reimbursement law in scope than California 's expense reimbursement law employers. Our solutions help you reduce risk, save time, and get powerful analytics on the latest payroll tax... Bills for remote work is mandated, however, the employer must some... 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