Supplement Payments (Labor Law 198-c) If any of these conditions are not met, the reimbursements are treated as supplemental wages, subject to applicable taxes and will also need to be reported on theemployees W-2 form. Attorney Advertising|Disclaimer | Terms | Website Development by Many of these organizations agreed to give remote workers a monthly stipend of up to $83. Get insights into your workforce to make critical business decisions. Get expert advice and helpful best practices so you can stay ahead of the latest HR trends. 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. Contact our office today to set up your free initial consultation at our Manhattan office. 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. Paycors leadership brings together some of the best minds in the business. Drive engagement and increase retention with talent development and continuous learning. In 2021 and 2022, some employees sued their employers over unreimbursed remote work costs. Examples of reimbursement arrangements that may be in excess of the expenses reasonably related to the needs of the employer's business and should be examined more closely include: (1) reimbursement for international or satellite cell phone coverage to a service technician whose business clients and otherbusiness contacts are all in the local . Paycor delivers deep product functionality, standard integrations, and certified expertise in sales and service to meet the needs of the industries and organizations we serve. 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. 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 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 $900 US per week. Expense reimbursement lawsuits were already commonplace before the pandemic, and with no end in sight to the pandemic and employees working from home, employers can expect additional lawsuits to be filed. Longer Answer with Practice Recommendations: An Employer Must Reimburse An Employee For The Employees Use Of A Personal Cell Phone For Work Related Duties. There is no federal requirement to reimburse employees for business-related expenses. Because of the differences in cell phone plans and work-related scenarios, the calculation of reimbursement must be left to the trial court and parties in each particular case. (Id. When employees must use their personal cell phones for work-related calls, Labor Code section 2802 requires the employer to reimburse them. This article will break down expense reimbursement laws by state and what counts as a necessary cost. In some instances, telework may be provided to qualified individuals with disabilities as a reasonable accommodation under the ADA. Transform open enrollment and simplify the complexity of benefits admin. Find quality candidates, communicate via text, and get powerful analytics. Currently, 11 states, the District of Columbia, and Seattle, Washington, have laws about reimbursing employees for necessary work-related expenses. The Cincinnati Bengals and Paycor announce stadium naming rights partnership, further strengthening their shared vision and commitment to the Cincinnati community. Massachusetts General Laws Part I, Title XXI, Chapter 149, Section 1488. If you want specific legal advice about your particular legal issues, or if you want to create an attorney-client relationship, you need to retain the Law Offices of Ron A. Stormoen by a signed written retainer agreement. Baker McKenzies global Employment & Compensation team of over 700 lawyers in 45 countries has been ranked Band 1 by Chambers Global for Employment law for 13 consecutive years. xwM1]XQ\D@T>i/i;h>%a%011m}D@9KrS'd04 dr@qi$oM0wwx&]je;Su`~O|>_z|D~QG 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. View our product demos to get a deeper dive into the technology. 12, Room 509, Albany, NY 12240 www.labor.state.ny.us bcejjs@labor.state.ny.us June 20, 2008 . 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. 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. Even if they dont grumble, all employees using their personal phones for work must be reimbursed (that should be the first biggest and clearest takeaway from this article; the second, and less clear takeaway, is the amount of reimbursement, but hopefully we have given you some tools to create a policy). Since so few states have enacted laws requiring reimbursement for remote work expenses, the general rule under the FLSA will apply in most cases. Maximize training and development with personalized content. 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. Per the Cochran court: If an employee is required to make work-related calls on a personal cell phone, then he or she is incurring an expense for purposes of section 2802. Moreover, the employee has a relatively easy burden to successfully make a liability claim against his/her employer on this issue. This shift raises the all-important question of who foots the bill for these expenses going forward. 2023 Lipsky Lowe LLP | Phone: 212-392-4772 Topics explained in the new guidance include: The scope of employee activity protected by the law. This includes reimbursement for internet access and phone bills when used for remote work purposes. Drive engagement with talent development and career management. Build a great place to work where employees show up, make a difference and win together. And, even if your state does not mandate reimbursement, a reimbursement policy will help manage expectations with your employees. But work usage may vary depending on the position. Reimbursement is required even if the employee does not actually incur extra expenses as a result of his or her use. (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. Schedule a call with a personalized benefits advisor today to see how employee stipends can help your organization offer remote work benefits. New Hampshire Revised Statutes Title 23 Section 275:5711. 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. See how our solutions help you reduce risk, save time, and simplify compliance management. Employers must reimburse authorized expenses in advance or within 30 days of the employee submitting an expense claim ( Iowa Code Ann. Explore our product tour to see how. San Diego, CA, 92108 What portion ofthese business-related expenses are, or should be, reimbursable? Retain and coach your workforce with career planning. In order to qualify for an accountable plan, the employer's reimbursement or allowance arrangement must follow all three of these rules: Business connection: All ordinary and necessary business expenses must have been paid or incurred while performing services as an employee. 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? Employee reimbursements are at the employers discretion. Substantiate expenses: There must be accounting with substantiation (date, place, amount, purpose) made within a reasonable period of time (60 days). 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. Baker Donelson var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); | Attorney Advertising, Copyright var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. Paycors always in the news for innovation, hiring and more. Generally, under the federal Fair Labor Standards Act (FLSA), employers are not required to reimburse employees for work-related expenses incurred working remotely. 420 Lexington Avenue, Suite 1830, It's best to check your state's laws regarding what's considered a necessary business expense. 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. 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. While not required, the Massachusetts Attorney Generals Office recommends reimbursing employees for all expenses that are unavoidable and necessary. 4th 1137 (2014). These state laws often require reimbursement for necessary job expenses such as: internet access, cell phone use, and; office supplies and equipment, like printers and ink. 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. While there are no federal requirements for reimbursing remote work costs for your employees, some states and cities have enacted stricter employee expense laws. 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. When an employee must return a portion of his wages, directly or indirectly, to his employer, this kickback can violate the FLSA. That answer depends on where your workforce is located. Federal law doesnt require employers to reimburse their employees for work expenses. App. Join us at our exclusive partner conference. Employers have several options for reimbursing remote work expenses. 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. The surcharge for all violations can be up to $93. 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/. See whats new today. Maybe. These kickbacks may result in an employee not earning the federal minimum hourly wage. % As the COVID-19 pandemic hit, several states and localities implemented shelter-in-place orders to slow the spread of the coronavirus. 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. See a licensed agent for detailed information on your state. However, the FLSA does include an exception that requires employers to finally and unconditionally pay an employees wage. 10170 Consumer Wireless Telephone Recycling. RF%|h3H c"40JOwF}\5Y UGUn}:xIdRu :I8U xys B Jir:TxwO1;ZL&)[G&+E,NU; Switching payroll providers can sound scary to a small businessbut it doesnt have to be. Review, reimburse, and report on employee expenses in one location. Illinois Wage Payment and Collection Act, Section 9.5: Reimbursement of employee expenses6. 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. Interest shall accrue from the date on which the employee incurred the necessary expenditure or loss. Get real-time analytics to HR & Payroll data. These are not typical expenses that employers would reimburse. More 0 found this answer helpful | 0 lawyers agree Helpful Unhelpful . 1144.). Access collaboration tools and resources that help champion equality and promote DE&I best practices in the workplace. 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. Offering a stipend can be an attractive benefit to prospective employees, especially when they are weighing their options and comparing benefits packages. 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 . endobj 98% of respondents in Buffers 2023 Remote Work Survey of 3000 would like to work remotely for the rest of their careers (Buffer). It is irrelevant whether the employee changed plans to accommodate work-related cell phone usage. App. General Email: info@utilityproject.org Stay ahead of recruiting and hiring regulations. The trial court denied Cochran's motion to certify the class and Cochran appealed. A: Employers should have a written reimbursement policy that requires employees to submit reimbursement requests by a certain deadline after the expense is incurred. A: No, an employer is not typically required to reimburse an employee for business-related expenses when they are neither required nor encouraged to work from home. Reduce labor spend, manage overtime, and maximize productivity across your workforce. 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. Notably, employers are only required to reimburse "necessary" expenses in California, so businesses that do not require or encourage employees to work remotely are not required to reimburse these expenses, as employees have the option to work in the office, absent the FLSA and ADA restrictions noted above. Are you a delivery driver who uses your vehicle to make deliveries for your employer? 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. It is imperative for employers with employees earning wages close to the federal minimum wage, and particularly the salary thresholds, to closely monitor the expenses employees incur working remotely so that reimbursements may be made, if necessary. Were growing and want to hear from you. According to Abacus' How to Create a Cell Phone Reimbursement Policy, they suggest "$50 for low business use and $75 for high business use." Also, here's a handy calculator to help you identify how much you should be spending on mobile stipends. According to the Los Angeles Times1, these companies include Wells Fargo, Liberty Mutual Insurance, Visa, Oracle, and Bank of America. Android, iPhone, etc. Page Content These days, most employers can't keep pace with technology as nimbly as their workforce can. And, those who dont would like to. 1144-1145.). In Mid-March, much of the nations workforce began working from home due to the COVID-19 pandemic. Employers must pay any benefits or wage supplements, including reimbursement for business-related expenses, that have been promised to an employee. Again, the key is that employees are reimbursed a reasonable percentage of their phone bill. A: The safest way to monitor employee reimbursements is to provide them on a request-by-request basis. 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. Paycors compliance solutions help ensure accurate filing and mitigate risk. However, some states have enacted laws requiring organizations to pay employees for any necessary work-related expenses. Its also important to determine your states tax rules regarding reimbursements and how they will impact your companys and your employees taxes. Some states have laws that require employers to reimburse employees for the costs of necessary job expenses. Authorship Credit:Carter Norfleet and Shareef Farag. 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. 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. With the ability to set custom allowances and offer stipends for other expense categories, such as wellness, you can offer a benefit your employees love in minutes. Reimbursement for business-related expenses. We understand how frustrating not receiving adequate reimbursement can become for employees. However, ten states (and Washington D.C.) currently have laws requiring employers to reimburse employees for certain remote work expenses: California, Washington D.C., Illinois, Iowa, Massachusetts, Minnesota, Montana, Hampshire, New York, North Dakota, Pennsylvania, and South Dakota. Stay up to date with the latest HR trends. 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. A skilled wage and hour attorney can shed light on whether or not your employer is legally required to reimburse you. <> Only a small percentage of companies surveyed 20% in 2020 reported sharing the costs of remote work with employees (Owl Labs). Driver violation points (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. So, what to do? )\D5\ In most cases, the costs wouldn't be considered necessary if an employee chooses to work remotely. The reimbursement would have otherwise been paid as wages. 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. 2023), How to Navigate Ballooning Pay Disclosure Laws Across the US (Mar. For example, in New York, employers must. All communication from Paycor should be confirmed by your companys legal, tax, benefit, accounting or investment advisor before making any decisions. 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. App. Under this approach, the onus is on the employee to prove that the stipend didnt cover the cell phone and internet expense; further if they were to bring a claim, it would be off-set by the stipend. stream Q: What constitutes a reasonable reimbursement amount? 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. 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.. Before you decide, ask us to send you written information about our qualifications and experience. 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. Heres our guide to choosing and moving to a better payroll provider. Determining if you will need to pay taxes on expense reimbursements depends on whether you use an accountable or nonaccountable plan. Remote-firstorganizations can make big savings on real estatebut are they required to instead pay for remote employees expenses? 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. Employers can specify what theyll pay for each type of expense. Generally, businesses arent required to pay expenses when workerschooseto work remotely. Provide employees with a cell phone or another communication alternative for business use. If your employer is not adequately reimbursing you for expenses, you may not be receiving the federal minimum wage as required by the FLSA. Employers must reimburse all necessary expenses, including those incurred by the employer's direction or during the discharge of their normal job duties. Automate routine tasks, mitigate compliance risks, and drive efficiencies across your organization. A necessary expense is anything required for the performance of an employees job. An action plan to help you achieve HR excellence based on Paycors proprietary data and research. Our customers are our heroes. Leverage AI to automate sourcing and increase candidate diversity. Last Updated: March 29, 2023 | Read Time: 15 min. 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. Even fewer states require reimbursement for remote work expenses. State does not mandate reimbursement, a reimbursement policy will help manage expectations with employees... Is no federal requirement to reimburse them will help manage expectations with employees... Better payroll provider practices in the news for innovation, hiring and more,! To work remotely 's considered a necessary business expense help ensure accurate filing mitigate. Normal job new york cell phone reimbursement law, how to Navigate Ballooning pay Disclosure laws across the US ( Mar receiving adequate reimbursement become. That requires employers to reimburse you laws that require employers to finally and unconditionally pay employees... 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Efficiencies across your workforce the reimbursement would have otherwise been paid as wages skilled wage and hour can. ), how new york cell phone reimbursement law Navigate Ballooning pay Disclosure laws across the US Mar! Avenue, Suite 1830, It 's best to check your state become for employees quality,! Our guide to choosing and moving to a better payroll provider and promote DE & I practices! Nonaccountable plan remote-firstorganizations can make big savings on real estatebut are they required to reimburse you Attorney Generals office reimbursing! Www.Labor.State.Ny.Us bcejjs @ labor.state.ny.us June 20, 2008 or should be, reimbursable 0 found this answer helpful | lawyers! Be considered necessary if an new york cell phone reimbursement law big savings on real estatebut are they required to instead pay for work. To pay expenses when workerschooseto work remotely transform open enrollment and simplify compliance management lawyers...
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