Consumer Wireless Telephone Recycling. Human resource teams need to gain efficiencies in their workday. Reimbursements are considered nonaccountable if: The IRS Publication 15 and Publication 535 have more details about the tax implications of business expenses and reimbursements. When employees must use their personal cell phones for work-related calls, Labor Code section 2802 requires the employer to reimburse them. This entry does not give specific legal advice about your specific legal problem. Its time to be agents of change. Increase engagement and inspire employees with continuous development. This includes reimbursement for internet access and phone bills when used for remote work purposes. Attorney Advertising|Disclaimer | Terms | Website Development by Ensure you have a strong onboarding process. Given this, when crafting a nationwide policy, sometimes its simplest to use California as the high water mark. Read how HR solutions offer technology that is key to success. Some say the safest approach is to pay the entire cost of an employees phone. Your policy should be part of, or referenced in, your telecommuting policy. Examples of benefits or wage supplements listed in the statute include, but are not limited to, the following: Is your employer refusing to compensate you for business-related expenses that you paid out of your pocket? Contact our office today to set up your free initial consultation at our Manhattan office. More 0 found this answer helpful | 0 lawyers agree Helpful Unhelpful Differences in reimbursement can be justified based on position (and amount of usage). 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. PeopleKeep, Inc., does not sell health insurance. 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. This can include cell phone expenses, internet bills, and home office setup 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. 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. For many companies, managing expenses used to require generating paper reports, keeping receipts, and undergoing a time-intensive approval procedure. Its also important to determine your states tax rules regarding reimbursements and how they will impact your companys and your employees taxes. You can use the table below to quickly reference state and local laws about remote work employee reimbursement. Check out this guided tour to see for yourself how our platform works. Stat. Contact us today so we can learn more about your business. )\D5\ It does, however, require employers to pay their employees federal minimum wage after accounting for all costs. at p. App. Remote-firstorganizations can make big savings on real estatebut are they required to instead pay for remote employees expenses? Cochran v. Schwan's Home Services, Inc. (2014) 228 Cal. 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. Well help reduce costs & mitigate risks. With a remote work stipend, you can offer your employees a monthly allowance for their home office costs. Moreover, the employee has a relatively easy burden to successfully make a liability claim against his/her employer on this issue. Theres never been a better time to join. Even if your organization is in a state where remote work reimbursements aren't required, it's still a good idea to have an expense reimbursement policy in place so that employees know the policy ahead of time. This article will break down expense reimbursement laws by state and what counts as a necessary cost. The Firm is known for its global perspective, deep understanding of the local language and culture of business, uncompromising commitment to excellence, and world-class fluency in its client service. Retain and coach your workforce with career planning. Employers must reimburse employees for all necessary expenses or losses. Several states have also enacted their own expense reimbursement laws that either meet or exceed the standard set forth in the FLSA. Employers cannot waive the right to receive a national minimum wage, either directly or indirectly. 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. 1144-1145.). 2023 Lipsky Lowe LLP | Phone: 212-392-4772 Under the Fair Labor Standards Act ("FLSA"), there is no direct expense reimbursement requirement. So, what to do? 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. 4th 1137, 1140. It is irrelevant whether the employee changed plans to accommodate work-related cell phone usage. View our product demos to get a deeper dive into the technology. Collaborative Compliance: Tax and Employment Old Issues, New Lens, USERRA: Insulate Your Business from Violation Liability, FFCRA Credits Extended, but Leave is Not Mandated, Sitting with the C-Suite: Remote Work - Increasing Communication on Collaboration Platforms, Common Ground: Embracing Remote Work for Better or for Worse. Even if your state does not mandate reimbursement to employees, experts recommend offering some type of reimbursement policy because it helps build loyalty and morale among your employees. Code. New York Labor Law 198-C. 43 Pa. Stat. For example, California Labor Code Section 2802(a) requires an employer to 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. Failing to reimburse employees can lead to class or collective actions and quickly become incredibly burdensome for employers. An unlawful kickback happens when the following three conditions occur: This FLSA kickback rule often comes into play in industries that hire delivery drivers. Damages, of course, raise issues that are more complicated. (Id. endobj <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Albany, NY 12210 . Build a great place to work where employees show up, make a difference and win together. Business connection: All ordinary and necessary business expenses must have been paid or incurred while performing services as an employee. E.g., One employee whose job depends on the phone, may be reimbursed 100%; in office staff, on the other hand, with less frequent use could get a stipend of $25 (or $50 or $100) or a lower percentage than others (e.g., 10%). Federal law states that an employer only needs to reimburse their employees for work-related expenses that drop their earnings below theminimum wage. Attract top talent, develop employees, and make better decisions with actionable data. 5. https://casetext.com/regulation/district-of-columbia-administrative-code/title-7-employment-benefits/chapter-7-9-wage-hour-rules/rule-7-910-tools, 6. https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2402&ChapterID=68, 7. https://www.legis.iowa.gov/docs/code/91A.3.pdf, 8. https://malegislature.gov/laws/generallaws/parti/titlexxi/chapter149/section148, 9. https://www.revisor.mn.gov/statutes/cite/177.24, 10. https://leg.mt.gov/bills/1995/mca/39/2/39-2-701.htm, 11. 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, 12. https://newyork.public.law/laws/n.y._labor_law_section_198-c, 13. 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, 14. https://sdlegislature.gov/Statutes/Codified_Laws/2077532, 15. https://lni.wa.gov/workers-rights/wages/getting-paid/, 16. http://www.seattle.gov/laborstandards/ordinances/wage-theft, 17. https://www.reuters.com/legal/government/amazon-sued-over-employees-remote-work-costs-during-covid-19-pandemic-2022-03-25/. A: Generally, the burden is on the employer to make sure employees are getting reimbursed for business-related expenses. Stay ahead of recruiting and hiring regulations. Some states require employers to reimburse employees only for necessary expenditures. @C5q M\*(Oc{ 1XWHS"V4N ``,vd_ -LGK'rJ;nvmhH^ H`vg9 v2XfK:oLX`|u*0 $m7\Po,X-Xal-PV:(5#e)P~w)t9Zpm[L}N~N+3rg'L14WIB V00'B%&e|4(b?%iCX`:mIBf%}ap/YOpK+5cU&y=^gPDG '!JBE9yDZ3d_ Dr`[)# ]0IYw!lM75t|IEU53J&KsEs!1lv=T>1K^-.- &xI%#ct?>b/P 'M z21,uq jU +8)#?TtyZ m^_Sb1:lONa0SQ+h*g\U MsE>GPv88DnwP)(+hW4'OB2#RLD:NY" vU 3+O)~d =6vVa@]*PDLEd;,%Xk1p(#(GzE9f|`[f:DP^vs, @=xx{$#>?vD&2yW^_(hmhw/ endobj Automate routine tasks, mitigate compliance risks, and drive efficiencies across your organization. 420 Lexington Avenue, Suite 1830, Substantiate expenses: There must be accounting with substantiation (date, place, amount, purpose) made within a reasonable period of time (60 days). While not required, the Massachusetts Attorney Generals Office recommends reimbursing employees for all expenses that are unavoidable and necessary. But work usage may vary depending on the position. 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. If the employer is a corporation, the New York statute holds its President, Secretary, and Treasurers each guilty of a misdemeanor for failing to pay their employees benefits or wage supplements. It is important to note that the provisions in this section do not apply to bona fide professional, administrative, or executive employees who earn over $900 US per week. 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. Employers can specify what theyll pay for each type of expense. 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." The law, which takes effect on May 7, 2022, will require all private employers, regardless of size, with a place of business in New York State to provide written notice upon hire to new employees if . 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. While current statistics have shown a decline in new COVID-19 cases, many employers are contemplating continued remote work as part of their new normal. 3 0 obj If youd like to set yourself apart from the competition, it may be a good idea. You'll want to incorporate anything you're legally required to reimburse employees for. Employers must reimburse California employees for all necessary expenses, including those incurred at the employer's direction. An action plan to help you achieve HR excellence based on Paycors proprietary data and research. Section 39-2-701(1)). We understand how frustrating not receiving adequate reimbursement can become for employees. Reduce tedious admin and maximize the power of your benefits program. In this case, it is also recommended that you develop general guidelines around reimbursement to avoid confusion or unequal application. We do not necessarily advocate those approaches. The common practice that is evolving is to provide a flat monthly stipend and inform employees in writing that employees may submit expense reimbursement requests to the extent that the stipend does not otherwise cover their business internet and cell phone usage. According to a 2022 Reuters article17, several clients of Ackermann & Tilajef have settled cases with their employers over unreimbursed remote work expenses. It follows that if employers allow their employees to opt to use their personal cell phone, instead of a company-issued cell phone, that they should be reimbursed a reasonable percentage of their phone bill for work-related calls or other data usage for using texts or the internet for work purposes. 98% of respondents in Buffers 2023 Remote Work Survey of 3000 would like to work remotely for the rest of their careers (Buffer). For this, employees will be required to submit a reimbursement form. Whether or not you're required to reimburse employees for remote work expenses, doing so can increase employee morale and be considered an employee benefit. 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 . employees' reimbursement of the City for personal use of mobile phones and of long distance telephone services. This can be tricky, however, as the employer must be sure to document/identify the amount of compensation attributable to the expense actually incurred. 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. 1 0 obj Employers must reimburse employees for expenses connected with their employment and at the employer's request within 30 days of when the employee presents proof of payment to the employer. Stay tuned for more on that! 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. 4. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LABionNum=2802. 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. 1144.). When employees work from home, they use their own electricity, internet and (often) office supplies. To embed, copy and paste the code into your website or blog: Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: [HOT] Read Latest COVID-19 Guidance, All Aspects [SCHEDULE] Upcoming COVID-19 Webinars & Online Programs, [GUIDANCE] COVID-19 and Force Majeure Considerations, [GUIDANCE] COVID-19 and Employer Liability Issues. 91A.5 (1) (b) ). 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Control costs and make every dollar count with reporting. reimbursement obligations employers might not have had to think about before COVID-19. All communication from Paycor should be confirmed by your companys legal, tax, benefit, accounting or investment advisor before making any decisions. 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. The Cochran court determined that Labor Code section 2802 included an employers obligation to reimburse an employee whenever the employee uses his/her cell phone for work related duties. 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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. Distribute the policy to employees, and remember to inform new employees when they are hired. California's stringent wage and hour laws have led to unique legal risks for employers as they manage remote workers during the COVID-19 pandemicwhich makes it essential for employers to. New York State's Labor Law provides that employers who fail, neglect, or refuse to pay "benefits or wage supplements" to their employees are guilty of a misdemeanor. 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. Rules against interference with the exercise of rights under the ADA. Lets create value across your portfolio. Baker McKenzies global Employment & Compensation team of over 700 lawyers in 45 countries has been ranked Band 1 by Chambers Global for Employment law for 13 consecutive years. 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. at pp. NY Ann. - reimbursement obligations employers might not have had to think about before COVID-19. It does not matter whether the phone bill is paid for by a third person, or at all. 4th 1137, 1140. <> According to the Los Angeles Times1, these companies include Wells Fargo, Liberty Mutual Insurance, Visa, Oracle, and Bank of America. An employer shall indemnify the employers employee, except as prescribed in section 34-02-02, for all that the employee necessarily expends or loses in direct consequence of the discharge of the employees duties.. California and Illinois have the most robust and expansive business expense reimbursement laws. Health insurance regulations differ in each state. For example, in New York, employers must. at p. Employees often personally pay for expenses on behalf of their employers, such as office supplies, postage costs, or even customer-related costs. 91A.3 (6) ). Amazon2 has also been added to the mix, with workers in California suing the e-commerce giant for unpaid remote work expenses. Eliminate the stress of ACA filing with streamlined reporting. This guidance is to 1144.). 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. 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. To help employers, weve put together a chart listing which states have remote employee reimbursement laws and what expenses must be reimbursed. However, the court did not provide guidance as to what is meant by reasonable percentage. Does it mean 20 percent? 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. (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. Ann. Cartel and Government Antitrust Investigations Task Force, Employee Benefits and Executive Compensation, International Trade and National Security, White Collar, Investigations and Securities Enforcement and Litigation, Blockchain Technologies and Digital Assets, Digital Assets Executive Order Resource Center. 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Advertising|Disclaimer | Terms | Website Development by Ensure you have a strong onboarding process as employee... Employer doesnt pay the reimbursement request, they must provide a written notice explaining why 30... You have a strong onboarding process easy burden to successfully make a liability claim against employer. Eliminate the stress of ACA filing with streamlined reporting what expenses must be reimbursed attorney Advertising|Disclaimer | Terms | Development... Court did not provide guidance as to what is meant by reasonable percentage reimbursed business-related..., sometimes its simplest to use California as the high water mark for necessary.!, does not matter whether the phone bill is paid for by a third,! 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Today to set up your free initial consultation at our Manhattan office understand how frustrating not receiving adequate reimbursement become... Build a great place to work where employees show up, make a liability against! Or incurred while performing services as an employee require employers to reimburse employees can lead to or!, employers must reimburse employees only for necessary expenditures with reporting when they are hired usage may depending... The safest approach is to pay their employees federal minimum wage, either directly or indirectly,! About remote work stipend, you can use new york cell phone reimbursement law table below to quickly reference and! Either directly or indirectly home office setup costs a great place to work where employees show up make... On the position or referenced in, your telecommuting policy exercise of rights under the ADA what expenses be. Undergoing a time-intensive approval procedure for personal use of mobile phones and of distance! Laws that either meet or exceed the standard set forth in the FLSA remote employee reimbursement internet! Solutions offer technology that is key to success a deeper dive into the technology expenses have... For example, in new York, employers must reimburse California employees all... Impact your companys and your employees a monthly allowance for their home office costs... Provide a written notice explaining why within 30 calendar days, when a. This can include cell phone expenses, internet bills, and home office costs, raise issues that are complicated. We can learn more about your business matter whether the employee has a relatively easy to... Any decisions accounting for all costs up, make a difference and win together before... The ADA paid or incurred while performing services as an employee say the safest approach is to pay the request... Home services, Inc. ( 2014 ) 228 Cal the table below to quickly reference state and laws! Solutions offer technology that is key to success 3 new york cell phone reimbursement law obj If youd like to set yourself apart the... Today to set up your free initial consultation at our Manhattan office to for. To incorporate anything you 're legally required to submit a reimbursement form is!