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. If an employer doesnt pay the reimbursement request, they must provide a written notice explaining why within 30 calendar days. Unreimbursed employee expenses may be tax-deductible. 4th 1137, 1140. Amounts recovered pursuant to this section shall be paid to the affected employee. Massachusetts General Laws Part I, Title XXI, Chapter 149, Section 1488. With the WorkPerks employee stipend administration platform from PeopleKeep, you can create a quality remote employee benefits package that works for everyone. Through The Employer Report blog, our lawyers provide legal updates and practical insights to help clients understand, prepare for and respond to the latest domestic and cross-border Labor and Employment issues affecting US and multinational employers. Driver violation points endobj
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. Some, particularly in tech, may be working from home through the end of the year, or even permanently! This can include cell phone expenses, internet bills, and home office setup costs. 4. First, lets discuss why employers need to know remote work reimbursement laws. Transform open enrollment and simplify the complexity of benefits admin. Build a Morning News Brief: Easy, No Clutter, Free! 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. Seeing is believing. According to the Los Angeles Times1, these companies include Wells Fargo, Liberty Mutual Insurance, Visa, Oracle, and Bank of America. More 0 found this answer helpful | 0 lawyers agree Helpful Unhelpful Remedies available for retaliation. 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. 2023), The FTCs Proposed Rule on Non-Competes: What Employers Need to Know (Jan 2023), Employer WARN-ing: Notice Requirements to Know Before Layoffs (Jan. 2023), Employers: All Eyes on Salary and Pay Range Disclosure in US Job Postings (Dec. 2022), Cost-Cutting Considerations in the Workforce Without Layoffs (Nov. 2022), AI in Recruitment and Hiring: Checking Your Blind Spots (Oct. 2022), Labor Unions and the Workforce: Whats Trending and How to Get Out in Front (Aug. 2022), The Proliferation of Pay Transparency Laws: What US Employers Need to Know (May 2022), US, UK and EU Whistleblower Developments for Multinational Employers (Apr. Also, the details of the employee's cell phone plan do not factor into the liability analysis. With over 30 years of employment law experience, Lipsky Lowe LLP has a proven track record of advocating for clients in all areas of employment law, including employee expense reimbursements. However, there's still quite a bit of a gray area in other states. For this, employees will be required to submit a reimbursement form. Its probably safe to say that remote work is the new normal for many Americans. According to state law, necessary expenditures include all reasonable costs. The delivery drivers could argue that based on the average distance they drive to deliver pizzas, their employer should be paying them a greater mileage reimbursement amount. 4th 1137 (2014). 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. Employers can specify what theyll pay for each type of expense. Employee reimbursements are at the employers discretion. Review, reimburse, and report on employee expenses in one location. 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.. Our popular webinars cover the latest HR and compliance trends. Its time to be agents of change. 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. The Cincinnati Bengals and Paycor announce stadium naming rights partnership, further strengthening their shared vision and commitment to the Cincinnati community. Employers must pay any benefits or wage supplements, including reimbursement for business-related expenses, that have been promised to an employee. Public Utility Law Project of New York 194 Washington Avenue - Suite 320. 480 E. Winchester St., Suite 230, Salt Lake City, UT 84107, Remote employee reimbursement rules by state, https://www.latimes.com/business/story/2022-04-07/covid-work-from-home-lawsuits-pandemic-business-expenses-litigation, https://www.linkedin.com/news/story/amazon-sued-over-remote-work-costs-5351604/, https://www.dol.gov/agencies/whd/flsa/pandemic#14. Paycor is not a legal, tax, benefit, accounting or investment advisor. Alphabet stock slid as much as 4% on Monday, erasing about $55 billion in market value after a report from The New York Times suggested that competition is heating up in the mobile search market . If youd like to set yourself apart from the competition, it may be a good idea. Intuitive software to help pay employees accurately and on time. 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. Android, iPhone, etc. The Fair Labor Standards Act (FLSA) does not explicitly address the need for employers to reimburse employees for work-related expenses. 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. Employees often personally pay for expenses on behalf of their employers, such as office supplies, postage costs, or even customer-related costs. 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? Control costs and mitigate risk with accurate timekeeping. In California, when employees must use their personal cell phones for work-related calls, employers must pay some reasonable percentage of those phone bills even if employees incurred no extra expenses using their cell phone for work. Paycors leadership brings together some of the best minds in the business. 10 states and Washington D.C. have laws that require certain remote work expenses to be reimbursed. 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 . Build a great place to work where employees show up, make a difference and win together. The way you bring a new employee in can make all the difference in how quickly they reach their potential. However, an important caveat to that rule is that an employer may not require employees to pay or reimburse their employer for work-related expenses if it would cause the employee's pay rate to fall below the required minimum wage ($7.25) for hourly employees or salary threshold ($684 per week) for exempt employees. If employers fail to adequately reimburse these expenses, the employer may be receiving an hourly kickback from each employee. Its also important to determine your states tax rules regarding reimbursements and how they will impact your companys and your employees taxes. If remote work is mandated, however, a variety of different costs may need to be reimbursed. Several states have also enacted their own expense reimbursement laws that either meet or exceed the standard set forth in the FLSA. Maximize training and development with personalized content. Get real-time analytics to HR & Payroll data. This can be tricky, however, as the employer must be sure to document/identify the amount of compensation attributable to the expense actually incurred. Hire skilled nurses and manage PBJ reporting. all that the employee necessarily expends or loses in direct consequence of the discharge of the employees duties.. It works like this: you set up a monthly benefit allowance for your employees. 4. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LABionNum=2802. have one or more wireless communications customers in New York State. Toll-Free Hotline: 877-669-2572. 3. Reduce labor spend, manage overtime, and maximize productivity across your workforce. We understand how frustrating not receiving adequate reimbursement can become for employees. 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. Provide employees with a cell phone or another communication alternative for business use. Your policy should be part of, or referenced in, your telecommuting policy. Ann. How can a failure to reimburse employees result in minimum wage violation? The easiest approach is to treat everyone getting reimbursed equally (which, again, may not mean the same amounts). ), 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. stream
North Dakota Century Code Section 34-02-0113. Of course, the courts have not defined what reasonable percentage means, but the main options are: Given the practical challenges of (1) and (2) above, and the fact that many employees have cell phones that they prefer and the even greater complexity of applying this rubric to home internet use, many employers are looking for a simpler approach. Ann. More states are likely to consider adopting remote work and employee reimbursement laws in the future. HR solutions purpose-built to help CFOs mitigate risk and control costs. It does not matter whether the phone bill is paid for by a third person, or at all. 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. Expense reports can be reimbursed through a separate check, deposit or sent through payroll using expense management software. Wireless communications services include all commercial mobile services which offer real-time, two-way voice or data service that is interconnected with the public switched telephone network or otherwise provides access to emergency communications services. Posted on January 7, 2022 Federal law generally does not require employers to reimburse employees for cell phone expenses. Read these case studies to see why. Another approach is to purchase company cell phones for employees. employees' reimbursement of the City for personal use of mobile phones and of long distance telephone services. Paycor has the right defenses in place to protect your data. See how were taking the right STEP toward inclusion and belonging. 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. 2021), Reconceptualizing the Importance of Place (Mar. New York State Department of Labor David A. Paterson, Governor M. Patricia Smith, Commissioner Phone: (518) 457-4380 Fax: (518) 485-1819 W. Averell Harriman State Office Campus, Bldg. Employers must reimburse employees for all necessary tools related to their scope of employment. According to a 2022 Reuters article17, several clients of Ackermann & Tilajef have settled cases with their employers over unreimbursed remote work expenses. Offering a stipend can be an attractive benefit to prospective employees, especially when they are weighing their options and comparing benefits packages. 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. 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. Topics explained in the new guidance include: The scope of employee activity protected by the law. Drive engagement with talent development and career management. For example, California companies required to pay for employees' cell phone bills now need to allot for this massive expenditure. The requirements of the Americans With Disabilities Act (ADA) may also alter employer reimbursement obligations. HR solutions purpose-built to help leaders create great places to work. Notably, California and Illinois courts have explicitly stated that remote work expenses fall under their states' employee expense reimbursement laws. Some say the safest approach is to pay the entire cost of an employees phone. Reimbursements are considered nonaccountable if: The IRS Publication 15 and Publication 535 have more details about the tax implications of business expenses and reimbursements. In the Cochran case mentioned above, the court of appeals held that employers must reimburse a reasonable percentage of their employees cell phone bills. Where the practice is widespread (or just alleged to be) the claims can be brought on a class-wide basis. The FLSA does not explicitly require an employer to reimburse its employees for business expenses or deductions. Like the laws of California and Illinois, D.C.'s expense reimbursement regulation emphasizes that an expense must be "required" to perform the employer's business to be reimbursable. With a remote work stipend, you can offer your employees a monthly allowance for their home office costs. Click to view our complete suite of labor and employment video chats, Founded in 1949, Baker McKenzie advises many of the worlds most dynamic and successful business organizations through more than 4,100 locally qualified lawyers and 6,000 professional staff in 77 offices in 45 countries. 4th 1137 (2014). However, given the shift to remote work occasioned by the COVID-19 pandemic, employers will want to be mindful of the ways in which their employees are working and business-related expenses are being incurred to ensure employees are being properly reimbursed per applicable federal and state law. Typically, you'll make reimbursement payments to your employees on their next paycheck. 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. To help employers, weve put together a chart listing which states have remote employee reimbursement laws and what expenses must be reimbursed. In some instances, telework may be provided to qualified individuals with disabilities as a reasonable accommodation under the ADA. A nonaccountable plan treats any reimbursement or other allowance arrangement as supplemental wages and subject to taxes. Legal analysis to be used to determine if evidence supports a claim of retaliation. However, the court did not provide guidance as to what is meant by reasonable percentage. Does it mean 20 percent? Interest shall accrue from the date on which the employee incurred the necessary expenditure or loss. endobj
Learn a lot in a little bit of time with our HR explainers. 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. Stay up to date with the latest HR trends. 12, Room 509, Albany, NY 12240 www.labor.state.ny.us bcejjs@labor.state.ny.us June 20, 2008 . <>>>
It does, however, require employers to pay their employees federal minimum wage after accounting for all costs. There arent any federal guidelines on remote work-specific expenses. 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. Schwan's Home Service, 228 Cal. This shift raises the all-important question of who foots the bill for these expenses going forward. Other than those authorized by state or federal law, wage deductions generally require an employee's written authorization ( Iowa Code Ann. The big question for businesses in these states is which work-related expenses will count as essential. This serves several purposes. Employers must reimburse employees for business expenses related to necessary duties or at the employer's direction. Ann 260.3. 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. App. In the most employee-friendly state, California, employers may even be required to pay a portion of home utilities, such as air conditioning. 75 percent? 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.. 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. Enforces the same protections as federal law: expenses may not reduce an employee's wage below the current state minimum wage. 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. Our unparalleled expertise is coupled with an ability to provide a single point of contact for full-service, seamless employment support. %
California Labor Code 2802 LAB . You'll want to proactively account for these business expenses in your T&E . Lets create value across your portfolio. at pp. 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. 2023 Lipsky Lowe LLP | Phone: 212-392-4772 This article will break down expense reimbursement laws by state and what counts as a necessary cost. A skilled wage and hour attorney can shed light on whether or not your employer is legally required to reimburse you. (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. Reimburse for the actual voice and/or data fees incurred for business purposes, which requires employees to submit expense reports itemizing the costs of calls made for work purposes and the costs of data used for work supported with cell phone bills or other evidence of the costs (this is a time intensive process for employees); Reimburse for a percentage of voice and/or data fees that accurately reflects the amount of mandatory business usage, and if a percentage or flat monthly amount is used, then allow employees to seek reimbursement for any additional costs incurred over the percentage or flat amount if the actual costs of business use exceed those amounts (this can be hard to determine given the number of different plans available); or. Looking for a simple way to reimburse your employees for their remote work costs? 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 . This entry does not give specific legal advice about your specific legal problem. Disclaimer: The information provided on this website is general in nature and does not apply to any specific U.S. state except where noted. Paycors innovative solutions purpose built for leaders can help you build a culture of accountability and engagement. 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. Accordingly, we offer the following guidance: A: Under the Fair Labor Standards Act (FLSA), an employee is entitled to reimbursement of expenses incurred on the employers behalf if that expense brings the earnings of an employee below the federal minimum wage. You can give all employees the same allowance or give certain employee classes (such as full-time) or employees in certain states a larger allowance. They should not be construed as legal advice, and readers should not act upon the information contained in these publications without professional counsel. Some states and local governments have enacted laws or extended existing laws for employee reimbursement to include remote work costs. (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. A: Given that many employees have shifted to working from home, employers should establish or revamp their reimbursement policies and make sure that their employees are aware that they can secure reimbursement of their expenses. If youve personally paid out of your pocket for your employers business expenses and havent received compensation, you may be entitled to expense reimbursement plus interest and attorney fees and costs. You can use the table below to quickly reference state and local laws about remote work employee reimbursement. 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. Check out this guided tour to see for yourself how our platform works. Employers should also reassess their employee reimbursement policies in order to ensure they remain compliant. Code. Manage all employee tasks and documents in one place. 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. . There is no federal requirement to reimburse employees for business-related expenses. Reimbursement is required even if the employee does not actually incur extra expenses as a result of his or her use. As a result, many employers had to rapidly adjust to utilizing a virtual workforce. However, some states have enacted laws requiring organizations to pay employees for any necessary work-related expenses. If you have questions concerning your employers failure to reimburse employee expenses, the attorneys at Lipsky Lowe LLP can help. 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. Because remote work employee stipends are taxable income, you must report them on their W-2s. Employees working from home instead of at the office often had to rely on their own equipment and internet instead of using the employer-provided tools they were used to. Explore our product tour to see how. @C5q M\*(Oc{ 1XWHS"V4N ``,vd_ 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. 10170 New York State is one of only a few states that explicitly requires employers to reimburse employees for work-related expenses. endobj
Cochran v. Schwan's Home Services, Inc. (2014) 228 Cal. This can be a valuable employee perk to help attract and retain employees in the tight labor market. 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. Law Firms: Be Strategic In Your COVID-19 Guidance [GUIDANCE] On COVID-19 and Business Continuity Plans. Reimbursement for business-related expenses. In many cases, employers have a legal duty to reimburse their employees for necessary business-related expenditures, such as: At Lipsky Lowe LLP, we can advise you as to the expenses youve personally incurred that your employer must reimburse. Representation in business, real estate, construction, home care, trust and probate litigation and general civil litigation. 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 Calculating a dollar amount to provide an employee based on a fixed number is much easier than trying to predict an employees printer paper cost per month. Only authorized expenses by the employer must be reimbursed. Employers must reimburse employees for uniforms, purchased or rented equipment, or consumable supplies upon their termination of employment. Federal law only requires employers to reimburse employees for work-related expenses that drop their earnings below the minimum wage. The federal minimum wage is currently $7.25 an hour. at p. 2021), Tying Compensation to Furthering Inclusion and Diversity Goals (Mar. Once you understand your obligations, set clear guidelines for your employees. In 2021 and 2022, some employees sued their employers over unreimbursed remote work costs. 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." Re: Request for Opinion . Remote work has become the new normal for many Americans with over 27 million people working from home. 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. The trial court denied Cochran's motion to certify the class and Cochran appealed. 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. 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