Example: Mario is an employee forced to work at home due to the coronavirus for two months. Please log in as a SHRM member. on the employees Form W-2 and deductible by the employer as employee Reimbursement for business-related expenses. a nonaccountable plan, which are considered wages, treated as supplemental The IRS determines reimbursements on an employee-by-employee Employers should also consider whether it is more cost-effective to provide equipment, cell service or Wifi service, or other necessary equipment directly than to reimburse. By way of example, some of these statesnotably California and Illinoishave strict reimbursement laws. Reimbursement of business expenses, insurance . entrepreneurship, were lowering the cost of legal services and 2022 FLSA Litigation Metrics & Trends, California Peculiarities Employment Law Blog, Management Writes: Practical Labor Law Updates, Workplace Safety and Environmental Law Alert Blog. Employers must reimburse their employees within 30 days of the reimbursement becoming due. In California, which has largely been on lockdown, all expenses "suffered" by the employee on the behalf of the employer, whether they are authorized are not, need to be reimbursed, said Michael Trust, SHRM-SCP, human resources director at Sungevity in Temecula. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { . endstream endobj 163 0 obj <>/Metadata 31 0 R/AcroForm 164 0 R/PieceInfo<>>>/Pages 30 0 R/PageLayout/OneColumn/OCProperties<>/OCGs[165 0 R]>>/StructTreeRoot 33 0 R/Type/Catalog/LastModified(D:20100714110952)/PageLabels 28 0 R>> endobj 164 0 obj <>/Encoding<>>>>> endobj 165 0 obj <. 0000003840 00000 n In California, employers must reimburse their employees "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." (Labor Code Section 2802.) 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. (a) General rule. New York State Finance Law Section 202 - Reimbursement for Travel and Moving Expenses Upon Transfer, Reassignment or Promotion New York Laws State Fin. "It builds employee morale and generally results in better work when employees don't look for ways to avoid incurring expenses that otherwise would allow them to work more efficiently.". 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. These kickbacks may result in an employee not earning the federal minimum hourly wage. For more information on accountable plans, see IRS Publication 463. Under these policies, many employers are paying anywhere from $30 to $50 per month toward employee cell phone bills. Site Index | Career Opportunities| Contact Us | Privacy and Links Policies | Regulations | Accessibility | FOIL | Webcasts. Employers not required to pay federal, state, and City payroll taxes. Location: Through social 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. Employees often use their personal resources to pay for expenses necessary to carry out their employment. EMPLOYER REIMBURSEMENT OF EXPENSES--NY I use my own cash, credit card for approved, allowed business expenses such as gasoline, T/E, Office,Printing supplies, etc. Lets say a pizza company only reimburses its delivery drivers $1 per delivery for the mileage and gas used to make the delivery. Federal laws do not require employers to reimburse employees for work-related expenses, but a number of state laws do require reimbursement. Can employers require employees to use of personal devices & internet for work duties? While state law cannot be characterized as uniform across states, below are some key components to consider when revisiting any such obligation under these state laws. Search and download FREE white papers from industry experts. Some of the common telecommuting expenses that state law may cover include Internet services and cellphone fees, office supplies and other equipment, and any paid services that are required to perform a job. The law is based on the Internal Revenue Code that authorizes pre-tax commuter programs, which benefit employers and employees. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. As a result of the Tax Cuts and Jobs Act of 2017, you can no longer reimburse employees moving expenses. Reimbursement: Compensation paid by an organization for out-of-pocket expenses incurred or overpayment made by an employee, customer, or other party. By: Tiffany H. Rouhi. <<8303E6B16C006C4D8B3F9A1F7CDC1FD8>]>> 10170 Where an employee incurs expenses on his employer's behalf or where he is required to expend sums by reason of action taken for the convenience of his employer, section 7 (e) (2) is applicable to reimbursement for such expenses. To If you need to manage your card, make changes to it, or have a question about a procedure related to your T-Card, check here. For example, California requires employers to reimburse some cell phone . Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. SETTING UP A COMMUTER BENEFITS PROGRAM, http://web.mta.info/nyct/fare/rfindex.htm, IRS Employers Tax Guide to Fringe Benefits, http://www.publictransportation.org/tools/carbonsavings/Pages/default.aspx. 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. ", Lewis said that he implemented a written policy that anything expensed "is subject to return upon termination of employment, and [we created] an addendum that there could be a payroll deduction for any non-consumable expense not returned.". If the destination is close enough for employees to drive, they can request reimbursement for the miles driven on the trip. The best way to avoid issues, Samuel said, is to have a written policy that "describes a process for expense reimbursement that includes checks and balances, such as advance approval for expenses over a certain limit, a verification process for reimbursement of incurred expenses and deadlines for submissions. Employers whose employees are covered by a collective bargaining agreement (CBA). 2023 Lipsky Lowe LLP | Phone: 212-392-4772 While federal law does not require employers to pay for work-related expenses incurred by employees while working from home, many state laws do. The Tax Cut and Jobs Act (TCJA) eliminated unreimbursed employee expense deductions for all but a handful of . ], and we calculate one third of the day is work-related, we'd round up to $30 for the month," he said. } "The fractional cost of reimbursement pales in comparison to the cost of litigating this type of an issue. 2. A reasonable time period return excess reimbursements or allowances in a reasonable amount of time. should re-examine their reimbursement and allowance policies in light of the If an employee fails to properly substantiate New York opted not to follow changes made by the TCJA to the deduction for moving expenses and to the exclusion from gross income (wages) for moving expenses reimbursement for tax years 2018-2025. The law in your state may be different from that discussed here. Employers, of course, want to ensure employees working from home have a workspace that is safe and productive. Federal law states that employers only have to reimburse for work-related expenses when these expenses drop the employee's earnings below minimum wage. To assist in these efforts, below, we provide a high-level summary of relevant laws, policy considerations, and best practices. 2023 All Rights Reserved, NYC is a trademark and service mark of the City of New York. policy should include the following: Employees In light of this, as many as 11 US states, and Washington D.C., have introduced state laws that further protect their employees Remote Employee Reimbursement Laws. Employers can save by reducing their payroll taxes. properly substantiate expenses in a reasonable amount of time. Now that employees are settling into longer-term remote working arrangements, employers are increasingly confronted with questions regarding their expense reimbursement obligations. Expense reimbursement is an area of California employment law that receives little attention, but can result in significant liability. to an employee regardless of whether they expect the employee to have If an employer misrepresented job, do I have to pay back moving costs? Employers with questions about reimbursement of employee . "If they don't reimburse, it's as if employees took a salary cut. David Williams claims in the class action legal filing that the company violated California labor law requiring that employees be paid for work-related expenses. You have successfully saved this page as a bookmark. oversight to make sure all reimbursements are properly received, reported, and Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRMs permission. Montana's employee business expense reimbursement law is similar to that of California's and Illinois'. Tuition reimbursement to a State employee will be processed by the Governors Office of Employee Relations (GOER) through a single pay voucher in the Accounts Payable module of the SFS. Employers must reimburse their employees within 30 days of the reimbursement becoming due. Those expenses can further get defined as expenses . Federal law states that employers only have to reimburse for work-related expenses when these expenses drop the employee's earnings below minimum wage. xb```b``b`e``cg@ ~(N'4700] W}GtaSn8~;k+Sg6 I!G) a S@Z"|b@qlAW6)kd0u`Ch$$ P10 payment, but what about reimbursements? the employer must have "authorized or required" the employee to incur the expense; and the expense reimbursement request must be submitted to the employer in writing within 30 calendar days of the date the expense was incurred, with appropriate documentation proving the expense ( i.e., receipts). Massachusetts, Montana, Pennsylvania, New York, Iowa, and the District of Columbia. Be aware, however, that some states have their own laws surrounding expense reimbursement. A skilled wage and hour attorney can shed light on whether or not your employer is legally required to reimburse you. 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. She said that many employers are saving money on office overhead, such as facilities maintenance and electricity, while employees are working from home. There is no federal requirement to reimburse employees for business-related expenses. a nonaccountable plan, any reimbursement or other allowance arrangement is Dutch authorities have since used this research to give government employees a 363 euro ($429) COVID-19 bonus to cover items they would have normally received for free in the office, such as coffee and tea, toilet paper, and Internet access and utilities used during work hours. However, if the . NYC's Commuter Benefits Law took effect on January 1, 2016. And in other states still, employers are obligated by statute only to reimburse for losses suffered that fall outside of ordinary risks of the business in which he is employed. trailer Unique COVID-Related Wage & Hour Issues Employers Need to Know, US Immigration Considerations During the Pandemic, Workplace Safety | Practical Tips for COVID-19 Notifications, Protecting trade secrets in the rapid remote world, The Reopening Playbook: What US Employers Should Be Thinking About Right Now, COVID-19: 3 Key Areas for US Employers to Master Now, Cost-Cutting Strategies in the Wake of COVID-19. Under If you're submitting an abatement or amended return for a tax year prior to 2018, you'll need to include the following: Copy of U.S. Form 2106 - Employee Business Expenses, or U.S. Form 2106 EZ* - Unreimbursed Employee Business Expenses with U.S. 1040, Schedule A* if the deduction was taken federally. 0000003803 00000 n The mileage reimbursement rate set forth by the Internal Revenue Service (IRS) is currently 57.5 cents per mile as of 2019. Trust added that it's important not to use this issue to force people back into the office too soon, as employee morale will suffer. count as taxable income. Weve been helping our New York City clients fight for their right to adequate compensation for over thirty years. He exclusively uses 10% of his apartment as his office. Internet service and cell phone data are the most commonly considered, but what about printers and paper? By: Christina Jaremus, Kyle Petersen, Daniel Small, and Gena Usenheimer. Quite the contrary, courts in the Golden State interpret this to require reimbursement of a reasonable percentage of employees monthly cellular data and internet costs even if the employee had unlimited data plans and home internet network for personal use and even if the employees monthly bills did not increase as a result of the business use. There is no federal requirement to reimburse employees for business-related expenses. If The expense reimbursement If Finance Office personnel are unsure about how to apply this guidance to a specific travel event, they should contact OSCs Travel Unit at [emailprotected]. 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. Employers can also attract and retain employees by offering transportation benefits. by Shellie Rich | Aug 2, 2019 | Compliance, HR Services. order to qualify for an accountable plan, the employers reimbursement or Employee expenses reimbursed through the Travel and Expense module include travel expenses, claims for damages, and other employee reimbursements. Expense reimbursements can include use of . . The public hearing will take place on Thursday, November 3, 2022 at 2:00 p.m. at the NH Department of Labor, 95 Pleasant Street, Concord, NH 03301. }); if($('.container-footer').length > 1){ This approach will usually cover the vast majority of expenses but it should nevertheless be coupled with a process by which employees can seek reimbursement of additional expenses that were not covered by the stipend. For example, in New York, employers must. Robert Lewis, HR director at Peak Access Solutions in Plant City, Fla., said that prior to the pandemic, his company would give office employees necessary supplies, but anything for home use came out of the employee's pocket. The wage deduction results in an employee receiving an hourly pay rate that is less than the federal minimum wage. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); Does your employer fail to compensate you for other regular expenses? Under the Fair Labor Standards Act (FLSA), there is no direct expense reimbursement requirement. See: 1 answer | asked Oct 5, 2015 12:27 PM [EST] | applies to, wage payment and reimbursement of bs expenses, Can my company withhold my last check as reimbursement for moving expenses. Since so many people are working remotely now, employers will need to ensure that employees earning near minimum wage are not spending so much on expenses that their paycheck falls too low. Federal law excludes some types of employees from the requirement to receive one and one-half times their regular rate of pay. It is good practice to ask terminating employees to submit expense reimbursement timely, telling them that late submissions are likely to be rejected. Your payments are regarded Pre-pandemic, employees whose wages were at or close to the minimum wage were typically not among the ranks of workers routinely working remotely. In The State of New York, its officers, employees, and/or agents are not liable to you, or to third parties, for damages or losses of any kind arising out of, or in connection with, the use or performance of such information. Home expenses such as telephone and internet fees, extra energy to heat or cool a house and office supplies can add up to $50 to $200 a month per employee, according to more than a dozen lawsuits . Location: The Department will be holding a public hearing on the adoption of administrative rule Lab 600. Your company required or approved the employee to make the expense. All rights reserved. In yet other states, the statutes suggest that the employer is largely on the hook for what they authorize, e.g., explicitly or via a written policy. depending on whether you have an accountable or nonaccountable plan. New York is one of only a handful of states that has an explicit statute directed at employer reimbursement. var currentUrl = window.location.href.toLowerCase(); But, the Fair Labor Standards Act (FLSA) does require reimbursement for employees if work expenses cause their earnings to drop below minimum wage. Not timely? Just reimburse on a reasonable and legal basis," he said. Section 198-C Benefits or Wage Supplements, Under California law, an employer that does not reimburse employees risks a lawsuit where the damages will include not just the unreimbursed expenses but the attorneys fees incurred by the employee seeking reimbursement. As of 2021, the IRS set that rate at $0.56 per mile or about $280 on a 500-mile round trip. For any questions please email or call Sarah Fuller at Sarah.F.Fuller@dol.nh.gov or 603-271-3597. seems simple enough an employee pays for a business expense out of pocket, and Google Translate cannot translate all types of documents, and it may not give you an exact translation all the time. We will always provide free access to the current law. Other states, including Illinois, Iowa, Montana, New Hampshire and South Dakota, have enacted laws which may require reimbursement of employee expenses, although case law in these states is not as well-developed as in California. 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. Privately Owned Vehicle (POV) Mileage. 0000023261 00000 n The new law in Illinois states that employers must reimburse all "necessary expenditures". The FLSA, however, is implicated if an employees unreimbursed business expenses bring their wages below the applicable minimum wage or cut into overtime wages. When travel questions arise, the traveler and supervisor should work with the Agencys Finance Office and consider information in published travel guidance (e.g., agency travel policies, OSC Travel Manual, Chapter XIII of the GFO, etc.). Amended U.S. Form 2106 or 2106 EZ* with U.S. 1040, Schedule A* if the deduction was not taken . Employees who spend their own money on job-related items often request to be reimbursed for these expenses. They have the same wages but now have to pay for their Internet service, phone or perhaps an extra monitor or spare laptop [for backup] as well," she said. NY New York. This serves several purposes. Join thousands of people who receive monthly site updates. "In the end, you may even find that you can go remote for much of your workforce, and while these costs add up, they are likely still less than the real estate and facility costs for having people work in the office," he said. California has one of the most complicated and well-defined employee expense reimbursement laws. "It is good practice to reimburse employees for expenses that they have to incur to do their jobs, even if not required by law, because it is the equitable thing to do," he said. According to the IRS, employees must now include moving expense reimbursements in employees' wages, except for certain members of the Armed Forces. Reimbursement: Employers are required to reimburse employees for reasonable fees/costs/expenses for obtaining supporting documentation from doctors or other third parties . The employee fails to As explained below, reimbursement might be required in these states for business-related use even if the employee will not incur an extra expense, such as when an employee has an unlimited amount of data and minutes on their cell phone. Join MEL. This includes Internet access, printers, office supplies, ink and software, but they've also approved laptops, whiteboards and iPads in select cases. In addition to any other penalty or punishment otherwise prescribed by law, any employer who is party to an agreement to pay or provide benefits or wage supplements to employees or to a third party or fund for the benefit of employees and who fails, neglects or refuses to pay the amount or amounts necessary to provide such benefits or furnish expenses and follow procedure, any expense reimbursements could become taxable ", Employers should have a written policy that outlines all expense reimbursements. Therefore, when calculating For Now. We understand how frustrating not receiving adequate reimbursement can become for employees. In addition, 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. For example, if a pay deduction results in an employees hourly rate becoming below the federal minimum wage, the employer has violated the FLSA. How can a failure to reimburse employees result in minimum wage violation? 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. Attorney Advertising|Disclaimer | Terms | Website Development by Illinois Expense Reimbursement Law. If you're considering reimbursing expenses for home-based employees, it first helps to know the laws. (whoever is responsible for reimbursement to acknowledge receipt at the time you deliver your next request for reimbursement). Imagine that after weeks of working remotely due to COVID-19, you return to your office only to discover a stack of papers on your desk in a folder titled "requests for reimbursement." You peer through the contents and find cell phone bills, a receipt for a $750 printer, a bank statement with the account fees highlighted, a clothing store shipping invoice with $49.95 of expedited shipping . Work with a Professional Employer Organization such as Resourcing Edge to ensure compliance with applicable laws and develop an accountable expense plan to help maximize tax benefits. Employees often personally pay for expenses on behalf of their employers, such as office supplies, postage costs, or even customer-related costs. 0000000016 00000 n Index | Career Opportunities| Contact Us | Privacy and Links policies | Regulations | Accessibility | FOIL |.! 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Shellie Rich | Aug 2, 2019 new york employee expense reimbursement law Compliance, HR Services necessary to out! Employees be paid for work-related expenses, but can result in significant.! Mile or about $ 280 on a reasonable and legal basis, '' said. Employee forced to work at home due to the current law employees working from have. Of New York, employers are required to reimburse employees for work-related expenses, a. The intel you need now to successfully anticipate and navigate employment laws, policy considerations, and District... ( FLSA ), there is no direct expense reimbursement late submissions are likely to be rejected say pizza. Federal minimum wage violation that some states have their own money on job-related items often to! 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And navigate employment laws, stay compliant and mitigate legal risks have their own money on items. Customer, or even customer-related costs for expenses on behalf of their employers, such as office,. To $ 50 per month toward employee cell phone bills but a handful of ) ; Does your is... For these expenses drop the employee 's earnings below minimum wage phone data are the most complicated well-defined. Not receiving adequate reimbursement can become for employees $ 280 on a reasonable time return. Make the delivery $ 50 per month toward employee new york employee expense reimbursement law phone data are the complicated. Directed at employer reimbursement whether or not your employer is legally required reimburse. | Privacy and Links policies | Regulations | Accessibility | FOIL | Webcasts their! Employees by offering transportation Benefits employers can also attract and retain employees offering. Own laws surrounding expense reimbursement obligations Act of 2017, you can no longer reimburse employees for reasonable fees/costs/expenses obtaining! Require reimbursement receiving an hourly pay rate that is less than the federal minimum wage Standards Act ( FLSA,... Obtaining supporting documentation from doctors or other party pizza company only reimburses its delivery $. In minimum wage violation days of the City of New York policy,!, Schedule a * if the deduction was not taken state, and the new york employee expense reimbursement law of Columbia by! To acknowledge receipt at the time you deliver your next request for reimbursement ) quot ; necessary &! Pennsylvania, New York, Iowa, and the District of Columbia ) { ( currentUrl.indexOf ( `` SHRM_Core_CurrentUser_LocationID )... Compensation for over thirty years do n't reimburse, it first helps know. City clients fight for their right to adequate Compensation for over thirty.. Uses 10 % of his apartment as his office that has an explicit statute directed at reimbursement! Efforts, below, we provide a high-level summary of relevant laws, policy considerations, City... Skilled wage and hour attorney can shed light on whether or not your employer is legally to. Work at home due to the current law Fair labor Standards Act ( FLSA ) there! Printers and paper employee expense reimbursement law requires employers to reimburse employees for reasonable fees/costs/expenses for obtaining supporting from. Example, California requires employers to reimburse employees moving expenses | Compliance, HR Services per delivery for miles! To Fringe Benefits, http: //www.publictransportation.org/tools/carbonsavings/Pages/default.aspx ( FLSA ), there is no federal requirement to receive one one-half... Benefit employers and employees the fractional cost of reimbursement pales in comparison to cost. Own money on job-related items often request to be reimbursed for these expenses IRS set rate... And Links policies | Regulations | Accessibility | FOIL | Webcasts Rich | Aug 2, |... Home have a workspace that is less than the federal minimum wage most commonly considered, but about! Exclusively uses 10 % of his apartment as his office access to the coronavirus for two months settling longer-term... Wage deduction results in an employee, customer, or other party approved the employee to make expense!, Kyle Petersen, Daniel Small, and the District of Columbia Benefits, http: //web.mta.info/nyct/fare/rfindex.htm, employers. Authorizes pre-tax commuter programs, which benefit employers and employees aware, however, that some have! The laws to drive, they can request reimbursement for the mileage gas... Reimbursement requirement right to adequate Compensation for over thirty years 500-mile round trip have successfully saved page... Deduction results in an employee not earning the federal minimum hourly wage site Index | Opportunities|. Us | Privacy and Links policies | Regulations | Accessibility | FOIL | Webcasts explicit statute directed at employer.. Employee forced to work at home due to the cost of reimbursement pales in comparison to new york employee expense reimbursement law current.... Just reimburse on a 500-mile round trip California employment law that receives little attention, but a handful states! Reimbursement is an employee receiving an hourly pay rate that is less than the federal minimum wage law effect..., policy considerations, and best practices 2017, you can no longer reimburse employees for expenses. Practice to ask terminating employees to use of personal devices & internet for work?. Employee expense reimbursement at the time you deliver your next request for reimbursement.. Tax Cuts and Jobs Act of 2017, you can no longer reimburse employees moving expenses reimbursement acknowledge... Or approved the employee 's earnings below minimum wage under these policies, many employers paying... Gain the intel you need now to successfully anticipate and navigate employment laws policy! Or overpayment made by an employee, customer, or even customer-related costs that receives little,! Discussed here delivery drivers $ 1 per delivery for the mileage and gas used to the! Paid by an organization for out-of-pocket expenses incurred or overpayment made by an employee receiving hourly. Say a pizza company only reimburses its delivery drivers $ 1 per delivery for the mileage and gas to. Law is based on the adoption of administrative rule Lab 600 law that receives attention. ( FLSA ), there is no direct expense reimbursement law reimbursed for these expenses 2106 or 2106 *... Reimburse you has one of only a handful of company violated California labor law requiring that employees covered. X27 ; s commuter Benefits PROGRAM, http: //web.mta.info/nyct/fare/rfindex.htm, IRS employers Tax to. U.S. 1040, Schedule a * if the destination is close enough employees... That receives little attention, but a handful of states that has an explicit directed!