San Diego, CA, 92108 Before you decide, ask us to send you written information about our qualifications and experience. We do not necessarily advocate those approaches. 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. 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. Offering a remote work stipend is a great way to meet state reimbursement requirements while providing your employees with a quality benefit. Employees must also submit requests for reimbursement within 30 days of incurring the eligible expense. Federal law doesn't require employers to reimburse their employees for work expenses. Where the practice is widespread (or just alleged to be) the claims can be brought on a class-wide basis. The surcharge for all violations can be up to $93. If remote work is mandated, however, a variety of different costs may need to be reimbursed. 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. They should not be construed as legal advice, and readers should not act upon the information contained in these publications without professional counsel. Reimbursements must be paid out within 30 days. Looking for a simple way to reimburse your employees for their remote work costs? 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. 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. Human resource teams need to gain efficiencies in their workday. Yes. 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. Our unparalleled expertise is coupled with an ability to provide a single point of contact for full-service, seamless employment support. Paycors always in the news for innovation, hiring and more. See our vetted tech & services alliances. Necessary expenses include internet access and phone bills for remote workers. Because remote work employee stipends are taxable income, you must report them on their W-2s. For this, employees will be required to submit a reimbursement form. View our product demos to get a deeper dive into the technology. This entry does not create an attorney-client relationship. 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. 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. 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 . Again, the key is that employees are reimbursed a reasonable percentage of their phone bill. Section 2802; 820 Ill. Comp. (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. Due to the pandemic, employees in the US are working from home in unprecedented numbers. Code. Gather and convert employee feedback into real insights. Explore our product tour to see how. This can be tricky, however, as the employer must be sure to document/identify the amount of compensation attributable to the expense actually incurred. xZYoF~`Cc6 l`{s!qIdC3~^",G_}upn:o5[Q"G_}=~~dy3]+kXoslcnD;Ow]}E>=gvGqE.Y2_|-~`W;3j}LiG{&E};= r-~qN83r_QE;$IA*e% 'eU1{ aISsr]3Kd.(-zEf_c1b?\{yGoH+^QdaGIz)!%gg]rF0q= App. Remedies available for retaliation. Federal law states that an employer only needs to reimburse their employees for work-related expenses that drop their earnings below theminimum wage. 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. The District of Columbia's expense reimbursement law, found in Title 7 Section 910.1 of the D.C. Municipal Regulations, requires employers to pay the cost of purchasing and maintaining any tools that the employer requires to perform the employer's business. 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. Lets create value across your portfolio. 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. Today, more than 27.6 million people work from home as opposed to the roughly 9 million people in 2019 (American Community Survey). at p. According to the Los Angeles Times1, these companies include Wells Fargo, Liberty Mutual Insurance, Visa, Oracle, and Bank of America. 1144.). Retain and coach your workforce with career planning. This guidance is to Employees can claim unreimbursed expenses as deductible according to Pennsylvania Personal Income Tax law. What portion ofthese business-related expenses are, or should be, reimbursable? Employers should also be aware of any potential reimbursement obligations under the FLSA or the obligations for employees working remotely as a reasonable accommodation under the ADA. The trickiest areas are cell phones and internet given that employees are now working from home because they cannot go into the office, as opposed to perhaps at their convenience. 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. If your employer is not adequately reimbursing you for expenses, you may not be receiving the federal minimum wage as required by the FLSA. See how were taking the right STEP toward inclusion and belonging. 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 . NY For example, in New York, employers must. Test drive Paycor Payroll, Onboarding, HR, and Time for 14 days. Consumer Wireless Telephone Recycling. However, there's still quite a bit of a gray area in other states. 75 percent? Labor Code section 2802, referenced by the court, governs this area [concerning reimbursement for all necessary employee expenditures or losses, not just cell phone use) and provides the backdrop for the courts opinion: (a) An employer shall 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, even though unlawful, unless the employee, at the time of obeying the directions, believed them to be unlawful. Build a great place to work where employees show up, make a difference and win together. The Reimbursement Amount Is A Reasonable Percentage Of The Employees Phone Bill. 4. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LABionNum=2802. @^_ {d1EQ2P%5{x n(,N5|_ \SfppMTn[6|4EF?F('DZnH6N},q'}l64a ux-c fp+"i+Q`p9xy#.BA%AZ94, (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. Our customers are our heroes. 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. 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. More? According to a 2022 Reuters article17, several clients of Ackermann & Tilajef have settled cases with their employers over unreimbursed remote work expenses. 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. Streamline recruiting and hiring so you can quickly and effectively fill open positions, develop top talent, and retain your workforce. endobj A: The safest way to monitor employee reimbursements is to provide them on a request-by-request basis. Secondly, select your perk spending categories. 4 0 obj RF%|h3H c"40JOwF}\5Y UGUn}:xIdRu :I8U xys B Jir:TxwO1;ZL&)[G&+E,NU; Massachusetts General Laws Part I, Title XXI, Chapter 149, Section 1488. Under the Fair Labor Standards Act ("FLSA"), there is no direct expense reimbursement requirement. Leverage AI to automate sourcing and increase candidate diversity. As the COVID-19 pandemic hit, several states and localities implemented shelter-in-place orders to slow the spread of the coronavirus. 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. There is no federal requirement to reimburse employees for business-related expenses. United States. 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. 4. Pay employees from any location and never worry about tax compliance. 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. Paycor is not a legal, tax, benefit, accounting or investment advisor. If you have questions concerning your employers failure to reimburse employee expenses, the attorneys at Lipsky Lowe LLP can help. Authorship Credit:Carter Norfleet and Shareef Farag. While there are no federal requirements for reimbursing remote work costs for your employees, some states and cities have enacted stricter employee expense laws. Its also important to determine your states tax rules regarding reimbursements and how they will impact your companys and your employees taxes. First, lets discuss why employers need to know remote work reimbursement laws. Its time to be agents of change. All communication from Paycor should be confirmed by your companys legal, tax, benefit, accounting or investment advisor before making any decisions. 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. Topics explained in the new guidance include: The scope of employee activity protected by the law. Does your employer fail to compensate you for other regular expenses? - reimbursement obligations employers might not have had to think about before COVID-19. Amazon2 has also been added to the mix, with workers in California suing the e-commerce giant for unpaid remote work expenses. New York; Pennsylvania, and; . Access collaboration tools and resources that help champion equality and promote DE&I best practices in the workplace. See whats new today. 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. 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. 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.. Once you understand your obligations, set clear guidelines for your employees. 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? 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. 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). Consequently, many workforces were thrust into remote work models without adequate time and resources to develop thoughtful remote work plans and fully contemplate the impact of the shift on their businesses. (GINA). Provide employees with a cell phone or another communication alternative for business use. Employers must reimburse employees for uniforms, purchased or rented equipment, or consumable supplies upon their termination of employment. Only authorized expenses by the employer must be reimbursed. endobj The easiest approach is to treat everyone getting reimbursed equally (which, again, may not mean the same amounts). HR solutions purpose-built to help CFOs mitigate risk and control costs. An unlawful kickback happens when the following three conditions occur: This FLSA kickback rule often comes into play in industries that hire delivery drivers. Ann. Your policy should be part of, or referenced in, your telecommuting policy. 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? Stay up to date with the latest HR trends. Reimbursements are considered nonaccountable if: The IRS Publication 15 and Publication 535 have more details about the tax implications of business expenses and reimbursements. Remote-firstorganizations can make big savings on real estatebut are they required to instead pay for remote employees expenses? This can include cell phone expenses, internet bills, and home office setup costs. Organizations learned to operate in this new environment almost overnight. 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. 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. BakerHostetler is here to assist employers navigating the issues surrounding employee expense reimbursement during the COVID-19 pandemic. See Cochran v. Schwans Home Serv., Inc. Whether the employees have cell phones. % 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. Remote work has become the new normal for many Americans with over 27 million people working from home. Some states require employers to reimburse employees only for necessary expenditures. Paycors leadership brings together some of the best minds in the business. Case law since Cochran has reinforced the rule that an employer must reimburse a reasonable amount without actually explaining how to calculate that amount. Employers should consider sending reminders to employees about submitting reimbursement requests and check in with their employees to ascertain the various types of expenses they may be incurring. reimbursement obligations employers might not have had to think about before COVID-19. Plan, manage, and execute pay increases and rewards. 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. at p. The reimbursement would have otherwise been paid as wages. The Reimbursement Amount Is A Reasonable Percentage Of The Employees Phone Bill, Employers Must Reimburse Employees For Work Related Cell Phone Use. Stay ahead of recruiting and hiring regulations. The answer is that reimbursement is always required. 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." New York is one of only a handful of states that has an explicit statute directed at employer reimbursement. 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. New York is one of only a handful of states that has an explicit statute directed at employer reimbursement. An employee can then request a reimbursement for their remote work expenses. 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. Damages, of course, raise issues that are more complicated. (Id. There arent any federal guidelines on remote work-specific expenses. 3 0 obj %PDF-1.5 Employers should also reassess their employee reimbursement policies in order to ensure they remain compliant. Build a Morning News Brief: Easy, No Clutter, Free! DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. 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. (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. Otherwise, the employer would receive a windfall because it would be passing its operating expenses on to the employee. Tell us about your organization and what you want to accomplish and well recommend a custom solution. And, even if your state does not mandate reimbursement, a reimbursement policy will help manage expectations with your employees. General Email: info@utilityproject.org 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. Some states have laws that require employers to reimburse employees for the costs of necessary job expenses. 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%). A: Employers should have a written reimbursement policy that requires employees to submit reimbursement requests by a certain deadline after the expense is incurred. Get The 2022 New Mexico Employment Law Handbook (Printable PDF) today! 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. 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. In the most employee-friendly state, California, employers may even be required to pay a portion of home utilities, such as air conditioning. That answer depends on where your workforce is located. , develop top talent, and readers should not act upon the contained! 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