With this unprecedented shift in working habits, employers may be overlooking business-related expenses being incurred by their employees. 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. New York, Soon, employees wondered who should be responsible for the expenses theyd accumulated for remote work. . You'll simply approve these amounts up to their eligible allowance. 2021), Reconceptualizing the Importance of Place (Mar. In Mid-March, much of the nations workforce began working from home due to the COVID-19 pandemic. Stock Exchanges Publish Clawback Proposals As required by Rule 10D-1 under the Securities Exchange Act of 1934, as amended (the "Exchange Act"), the New York Stock Exchange (the "NYSE") and Nasdaq have issued their . 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. Cell phone reimbursement - When are workers entitled to it? 10170 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. Eliminate large down payments and end-of-year surprises. Seattle: Employers must pay employees all compensation owed to them, including any business expenses. In most cases, the costs wouldn't be considered necessary if an employee chooses to work remotely. 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. To help employers, weve put together a chart listing which states have remote employee reimbursement laws and what expenses must be reimbursed. 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 youd like to set yourself apart from the competition, it may be a good idea. 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. 4th 1137 (2014). For more information: www.bakermckenzie.com, Reimbursement Refresher: Cell Phone and Internet Expenses Related to Telecommuting in the US, International Considerations for Executive Severance Plans, Proposed Expansion of NYC's Pay Transparency Law Includes Bonuses, Equity Awards and Other "Non-Wage Compensation", Practical Considerations When Addressing New DOJ Compensation Incentives and Clawbacks Program, Protecting Against Unintended Discrimination During Layoffs (Apr. Whether an expense will be deemed necessary for the performance of an employees' job depends primarily on the type of work the employee performs. 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. We think a more palatable and reasonable approach is for the employer to pay a flat monthly stipend (e.g., $10 - $100 or some estimated percentage like 10-50%: the reimbursement number is a business decision based on history of usage). Cochran v. Schwan's Home Serv., Inc., 228 Cal. who were not reimbursed for expenses pertaining to the work-related use of their personal cell phones, alleging labor code violations and unfair business practices, and seeking declaratory relief and statutory penalties. The following is our summary of significant U.S. legal and regulatory developments during the first quarter of 2023 of interest to Canadian companies and their advisors. In this case, it is also recommended that you develop general guidelines around reimbursement to avoid confusion or unequal application. With the WorkPerks employee stipend administration platform from PeopleKeep, you can create a quality remote employee benefits package that works for everyone. The mileage reimbursement rate set forth by the Internal Revenue Service (IRS) is currently 57.5 cents per mile as of 2019. 1144-1145.). Where the practice is widespread (or just alleged to be) the claims can be brought on a class-wide basis. Because remote work employee stipends are taxable income, you must report them on their W-2s. Employers cannot waive the right to receive a national minimum wage, either directly or indirectly. However, there are some costs that employers know employees will incur on a monthly basis and so it may make sense to provide a reimbursement on a more periodic basis. 4. Remote-firstorganizations can make big savings on real estatebut are they required to instead pay for remote employees expenses? Its also important to determine your states tax rules regarding reimbursements and how they will impact your companys and your employees taxes. 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. 2023), How to Navigate Ballooning Pay Disclosure Laws Across the US (Mar. 420 Lexington Avenue, Suite 1830, That's why many forward-thinking companies are now adopting bring-your-own-device . 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. 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. 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. 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. Intuitive software to help pay employees accurately and on time. Rules against interference with the exercise of rights under the ADA. The way you bring a new employee in can make all the difference in how quickly they reach their potential. When employees work from home, they use their own electricity, internet and (often) office supplies. More 0 found this answer helpful | 0 lawyers agree Helpful Unhelpful 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. Health insurance regulations differ in each state. Federal law doesn't require employers to reimburse their employees for work expenses. 75 percent? See our vetted tech & services alliances. Section 39-2-701(1)). 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. Join us at our exclusive partner conference. Moreover, the employee has a relatively easy burden to successfully make a liability claim against his/her employer on this issue. Maximize training and development with personalized content. Lets create value across your portfolio. (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. Our popular webinars cover the latest HR and compliance trends. You might also want to consider offering a remote work reimbursement to all your employees, whether legally required or not. Paycors leadership brings together some of the best minds in the business. Remote work has become the new normal for many Americans with over 27 million people working from home. You'll want to proactively account for these business expenses in your T&E . 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. Put this policy in writing and expressly state that employees may submit expense reimbursement requests each month to the extent that the flat rate does not cover the total expenses for the usage that month. Stay ahead of recruiting and hiring regulations. The employee fails to properly substantiate expenses in a reasonable amount of time. -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/ Representation in business, real estate, construction, home care, trust and probate litigation and general civil litigation. Human resource teams need to gain efficiencies in their workday. HR solutions purpose-built to help CFOs mitigate risk and control costs. Expense reports can be reimbursed through a separate check, deposit or sent through payroll using expense management software. Specifically, you should identify what is considered a necessary expense to be reimbursed and what is not. Our attorneys are familiar with the applicable federal, state, and local laws surrounding employee reimbursements and will help you explore your legal options for pursuing reimbursement from your employer. Other than those authorized by state or federal law, wage deductions generally require an employee's written authorization ( Iowa Code Ann. The answer is that reimbursement is always required. 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 . Control costs and make every dollar count with reporting. 12, Room 509, Albany, NY 12240 www.labor.state.ny.us bcejjs@labor.state.ny.us June 20, 2008 . 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