The FTCs Proposed Rule on Non-Competes: What Employers Need to Know, The Proliferation of Pay Transparency Laws: What US Employers Need to Know, Tying Compensation to Furthering Inclusion and Diversity Goals, US, UK and EU Whistleblower Developments for Multinational Employers. In that instance, even if there is no additional cost to the employee, the employer must reimburse so as not to enjoy a windfall, some courts have reasoned. Original Source: Most employee expenses will be reimbursed through the Travel and Expense module in the Statewide Financial System (SFS). This mean, "all . properly substantiate expenses in a reasonable amount of time. 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. temp_style.textContent = '.ms-rtestate-field > p:first-child.is-empty.d-none, .ms-rtestate-field > .fltter .is-empty.d-none, .ZWSC-cleaned.is-empty.d-none {display:block !important;}'; 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. we provide special support Charitable contributions and contributions to employee benefits plans such as health coverage and retirement accounts. Omnizant - View site in new window, Age Discrimination in Employment Act (ADEA), Worker Adjustment and Retraining Notification (WARN), Understanding New Yorks Statutes of Limitations, New York Employers Paying Biweekly Hit with Wage Class Actions, Overtime Pay Mandate for Six-Figure Earners to Spur Litigation, Signs that Someone Is Sexually Harassing a Co-Worker, Why Telling Your Co-worker Isnt the Best Choice to Report Sexual Harassment, Signs that Someone Is the Victim of Sexual Harassment, Common Wage & Hour Complaints In The Personal Service Industry, Payment Disputes in the Restaurant Industry, New Jersey Franchise Owner Settles Disability Discrimination Lawsuit With EEOC, New Federal Protections For Pregnant Workers, When Jokes at Work Become Sexual Harassment, When Gift Giving At Work Becomes Sexual Harassment, Replacement of broken equipment or dishes, Expenses related to business transaction errors, Costs associated with settling disputes with customers, An employer deducts expenses from the employees wage and the expense was for the benefit of the employer, The employer fails to reimburse his or her employee for those expenses. when you pay an employee, you will need to withhold and contribute taxes on the How can a failure to reimburse employees result in minimum wage violation? %PDF-1.7 % The employee submitted the expense for reimbursement with proper supporting documentation * (i.e., a receipt) within 30 calendar days of when it was incurred. allowance arrangement must follow all three of these rules: Since Search and download FREE white papers from industry experts. (state law may require employees to be reimbursed for business expenses). Employers must reimburse their employees within 30 days of the reimbursement becoming due. Trust said that most employers, including Sungevity, are reimbursing cellphone and Internet expenses on a proportional basis. Federal law states that employers only have to reimburse for work-related expenses when these expenses drop the employee's earnings below minimum wage. https://www.nysenate.gov/legislation/laws/STF/202 The reimbursement would have otherwise Some reimbursement laws require employees to Mileage rates Mileage rates are based on the standard mileage allowance established by the Internal Revenue Service. The District of Columbia's expense reimbursement law requires employers to pay the cost of purchasing and maintaining any tools the employer requires to perform the employer's business. California Employers Still Can Require Arbitration. Seven states allow their taxpayers to. Non-teaching employees of school districts are subject to the NYS Minimum SHRM Employment Law & Compliance Conference. Given this, when crafting a nationwide policy, sometimes its simplest to use California as the high water mark. 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. All rights reserved. Pre-pandemic, employees whose wages were at or close to the minimum wage were typically not among the ranks of workers routinely working remotely. reduced expenses. income. Williams said while working remotely, he and other workers used their: He said he incurred about $50 to $100 monthly in home office expenses. There are a variety of ways employers can fulfill their obligations to reimburse business expenses. If employers fail to adequately reimburse these expenses, the employer may be receiving an hourly kickback from each employee. Our mission is to be your solution for the easiest and most effective way to stay on top of 0000001739 00000 n 0000001229 00000 n that are reimbursable. However, the FLSA does include an exception that requires employers to finally and unconditionally pay an employees wage. oversight to make sure all reimbursements are properly received, reported, and been paid as wages. Employers whose employees are covered by a collective bargaining agreement (CBA). 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. EMPLOYERS COVERED/NOT COVERED BY THE LAW, III. 0000004396 00000 n for non-profit, educational, and government users. new Tax Cut and Jobs Act, effective for 2018 through 2025 tax years. 0000002059 00000 n No. The Fair Labor Standards Act (FLSA) does not explicitly address the need for employers to reimburse employees for work-related expenses. 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. Maybe ask your payroll dept. The process for returning Employees who spend their own money on job-related items often request to be reimbursed for these expenses. <<8303E6B16C006C4D8B3F9A1F7CDC1FD8>]>> 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. NYC's Commuter Benefits Law took effect on January 1, 2016. Illinois was the newest addition this year. 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. If you have questions, contact our Educational Services unit by phone at (518) 474-1764 or by email to: orpts.edservices@tax.ny.gov. 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. entrepreneurship, were lowering the cost of legal services and (last accessed Dec. 13, 2016). Examples of benefits or wage supplements listed in the statute include, but are not limited to, the following: Is your employer refusing to compensate you for business-related expenses that you paid out of your pocket? For example, California requires employers to reimburse some cell phone . Employee expense reimbursement is an area that's sometimes overlooked by business owners. xref Farm employees. For example, if an employee who is subject to the statutory minimum wage of $7.25 per hour (effective July 24, 2009) is paid an hourly wage of $7.25, the employer may not make any deduction from the employee's wages for the cost of the uniform nor may the employer require the employee to purchase the uniform on his/her own. New York Labor Law 198-C. 43 Pa. Stat. XIII.1 Employee Expense Reimbursement Overview, New York State and Local Retirement System (NYSLRS), New York State Budget Analysis and Financial Reporting, New York City Economic and Fiscal Monitoring, XIII.2 Employee Expense Reimbursement Policies, XIII.2.A Expense Report Mandatory Header Fields, XIII.3 Record Retention Travel and Expense, XIII.4 Employee Travel Expense Reimbursement, XIII.4.A Employee Travel Card Reconciliation, XIII.4.D Meals and Incidental Expenses Breakdown, XIII.5 Alternatives to the State Travel Card, XIII.6 Potential Tax Consequences of Assigning an Incorrect Official Station, XIII.7 Office of the State Comptroller Travel Manual, XIII.8 - Procedures for Employee Non-Travel Expense Reimbursement, XIII.9 Allowed Values for Processing Payments in SFS, XIII.10 Refunds Owed to the State by an Employee, XIII.10.A Refunds Owed to the State by an Employee - Using a State-Issued Check, XIII.10.B Refunds Owed to the State by an Employee - Using an Employee Check, XIII.10.C Refunds Owed to the State by an Employee, XIII.10.D Refunds Owed to the State by an Employee - Using a Due to State Offset, XIII.11 Submitting Travel and Expense Reimbursement Requests for Inactive Employees, XIII.12 Procedure for Reporting Taxable Employee Expense Reimbursements for Prior Open Tax Years, Minority- and Women-Owned Business Enterprises (MWBEs), damages or losses caused by reliance upon the accuracy of any such information, damages incurred from the viewing, distributing, or copying of such materials. endstream endobj 189 0 obj <>/Size 162/Type/XRef>>stream Through social As a result of the Tax Cuts and Jobs Act of 2017, you can no longer reimburse employees moving expenses. var currentUrl = window.location.href.toLowerCase(); Section 202 Reimbursement for Travel and Moving Expenses Upon Transfer, Reassignment or Promotion, Business Units are required to follow the policies outlined in this chapter. Expense reimbursement is an area of California employment law that receives little attention, but can result in significant liability. See IRS Publication 535 to learn more about business expenses. The employee can be reimbursed for the home office percentage of rent or mortgage expenses, depreciation, utilities, and other costs of maintaining the home. Rely on us for all your payroll, HR, Information on MEL is public. Expense Reimbursements in the Era of Remote Working, Supreme Court Holds That Highly-Compensated Employees Solely Paid a Day Rate Must Meet Reasonable Relationship Test, Policy Matters Podcast Episode 34: Presidents Second Nominee for Wage and Hour Administrator Stuck in CommitteeAgain, Ninth Circuit Rehearing Suggests a FAArewell to Californias Arbitration Prohibition, Not Remotely Helpful: DOL Issues Guidance on Compensability of Teleworking Breaks, Now Available! 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. Your session has expired. California has one of the most complicated and well-defined employee expense reimbursement laws. Reimbursement: Employers are required to reimburse employees for reasonable fees/costs/expenses for obtaining supporting documentation from doctors or other third parties . 778.217 Reimbursement for expenses. expenses and follow procedure, any expense reimbursements could become taxable Policy Statement. However, the "Google Translate" option may help you to read it in other languages. In addition, Original Source: Refer to the sections within Chapter XII Expenditures of this guide and the Payroll bulletins available on the Office of the State Comptrollers website for more detailed information as needed. 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. var temp_style = document.createElement('style'); 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. New York State is one of only a few states that explicitly requires employers to reimburse employees for work-related expenses. This serves several purposes. Need help with a specific HR issue like coronavirus or FLSA? wages subject to income, social security, Medicare, and FUTA taxes. by Shellie Rich | Aug 2, 2019 | Compliance, HR Services. While expense reimbursement is only required if it is stipulated in an employment contract or if the business expenses bring the employees wages below minimum wage, most businesses reimburse work-related expenses incurred by employees as a job perk. 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. Please log in as a SHRM member. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. But, there are some complications 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. Through social $(document).ready(function () { Employers who get expense reimbursements wrong may end up having to compensate workers for unreimbursed expenses, plus interest, penalties, and attorneys' fees. Seyfarth Synopsis: The COVID-19 pandemic thrust remote working upon many employers without notice or adequate time to prepare. ordinary and necessary business expenses, Introducing a New BenefitHealth Advocate, Assurity Benefits Protecting you and the ones that you love, Flexible Spending Account (FSA) vs. Health Savings Account (HSA), What Is Progressive Discipline and How It Helps Your Business, How Employment Screening in 2023 Will Change the Way You Do Business, The Top 5 Best Ways to Handle Workplace Negativity in Your Business, Dues and subscriptions, 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. "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.". The employee fails to 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. A good expense reimbursement policy clarifies which expenses are and are not covered and . Employee expenses reimbursed through the Travel and Expense module include travel expenses, claims for damages, and other employee reimbursements. Are companies legally required to reimburse employees for work-related expenses? the employer reimburses the employee. 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. Now that employees are settling into longer-term remote working arrangements, employers are increasingly confronted with questions regarding their expense reimbursement obligations. . Businesses should re-examine their reimbursement and allowance policies in light of the new Tax Cut and Jobs Act, effective for 2018 through 2025 tax years. You have successfully saved this page as a bookmark. They will need to be reimbursed for meals, gas, lodging, entertaining clients, and more. Are they legally obligated to? The State Minimum Wage Law does not apply to public agencies. Reimbursement of business expenses, insurance . New York will continue to allow you to exclude qualified moving expenses reimbursement and moving expenses from your NYAGI. The employee can also ask the Labor Commissioner to cite the employer or anyone acting on the employers behalf under Labor Code Section 2802(d). In fact, federal law generally allows employers to require employees to pay for many business expenses unless doing so would reduce their earnings below the minimum wage and any overtime they may be owed. Massachusetts, Montana, Pennsylvania, New York, Iowa, and the District of Columbia. Significantly, even if a state does not have a statute covering general business expenses, the inquiry might not end there because case law might create an obligation. This form is used for reimbursements or expenses not already covered by a Non-Employee Travel (NET) card. A reasonable time period 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. . New York State reimburses employees for business use of a personal vehicle based on the standard mileage allowance established by the Internal Revenue Service (IRS) and the U.S. General Services Administration (GSA). If you are not exempt as per paragraph 3 below they get 30 days to pay. 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 . 190 0 obj <>stream Under the Fair Labor Standards Act ("FLSA"), there is no direct expense reimbursement requirement. This means that employees can file claims for unreimbursed expenses with the New Hampshire Department of Labor. The answer likely depends on where the employee is located. The maximum allowable Whether or not you pay taxes on expense reimbursements depends on whether you use an accountable plan or nonaccountable plan. involved, such as compliance issues and how to report the reimbursements on We recommend you direct state specific inquiries directly to your Seyfarth lawyer of choice. This includes: Federal, State, County, City, Village, Town, School district, or certain quasi-government agencies. Since so many people are working remotely . 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. When employees pay for necessary business expenses, their employers must promptly pay the employee expense reimbursement. The vast majority of W-2 workers can't deduct unreimbursed employee expenses in 2020. Another component of assessing whether an incurred expense was necessary is whether the employee could have fulfilled the need at a lower cost. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. Privately Owned Vehicle (POV) Mileage. a nonaccountable plan, any reimbursement or other allowance arrangement is Employers in these jurisdictionsand elsewheremay want to consider the expenses they now expect employees to incur while teleworking and assess what reasonable reimbursement amount should be paid to . 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. Maybe a webcam is necessary due to the managers expectation for regular video meetings, but does it have to be the state-of-the-art model or would a less expensive option suffice? Remote workers may qualify for other expense reimbursements, but this usually depends on the company's policy. Mileage reimbursement is when employers offer employees reimbursement for expenses associated with driving on behalf of the business. By adhering to this allowance, reimbursements for mileage are not taxable to the employee. New York. The Tax Cuts and Jobs Act, which went into effect in 2018, took away a package of tax breaks, including a write-off for unreimbursed employee expenses. Site Index | Career Opportunities| Contact Us | Privacy and Links Policies | Regulations | Accessibility | FOIL | Webcasts. Employers must reimburse their employees within 30 days of the reimbursement becoming due. Download Vendor Claim for Payment (AC3253-S) This form can be used to submit multiple payments for a single vendor. expenses that can be reimbursed include: Usually, var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); Reimburse for the actual voice and/or data fees incurred for business purposes, which requires employees to submit expense reports itemizing the costs of calls made for work purposes and the costs of data used for work supported with cell phone bills or other evidence of the costs (this is a time intensive process for employees); Reimburse for a percentage of voice and/or data fees that accurately reflects the amount of mandatory business usage, and if a percentage or flat monthly amount is used, then allow employees to seek reimbursement for any additional costs incurred over the percentage or flat amount if the actual costs of business use exceed those amounts (this can be hard to determine given the number of different plans available); or. 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. Vaccine Passports: The Ticket to Our New Normal? We will always provide free access to the current law. Businesses When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. treated as supplemental wages and subject to taxes. 0000002481 00000 n New York, By: Christina Jaremus, Kyle Petersen, Daniel Small, and Gena Usenheimer. We Recommend a Comparability Analysis. These expenses can include fuel costs, maintenance. employee would be $550 in wages and $450 as reimbursement of expenses, a total of $1000. Under the Fair Labor Standards Act (FLSA), there is no direct expense reimbursement requirement. "If they don't reimburse, it's as if employees took a salary cut. 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. While federal law does not require employers to pay for work-related expenses incurred by employees while working from home, many state laws do. Of ways employers can fulfill their obligations to reimburse business expenses, a total of $ 1000 payroll HR. Multiple payments for a single Vendor reimburse these expenses, a total of $ 1000 ( CBA ) a of! The process for returning employees who spend their own money on job-related items often request be. Law took effect on January 1, 2016 maximum allowable whether or not you pay taxes expense. On job-related items often request to be reimbursed for these expenses, for... Qualified moving expenses reimbursement and moving expenses reimbursement and moving expenses from NYAGI... 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Reimbursements could become taxable policy Statement each employee that explicitly requires employers to reimburse employees for expenses. Expenses and follow procedure, any expense reimbursements depends on where the employee is located most complicated well-defined! In other languages include an exception that requires employers to reimburse employees for expenses! Its simplest to use California as the high water mark working remotely third parties Opportunities| Contact us Privacy... Their obligations to reimburse employees for work-related expenses 535 to learn more about business.. | Aug 2, 2019 | Compliance, HR, Information on MEL is.! 1, 2016 ) a variety of ways employers can fulfill their obligations to reimburse employees for work-related expenses by! ( AC3253-S ) this form can be used to submit multiple payments for a single Vendor need be! There are a variety of ways employers can fulfill their obligations to reimburse employees for reasonable for... Expenses in a reasonable amount of time reasonable fees/costs/expenses for obtaining supporting documentation from doctors other... Moving expenses from your NYAGI who spend their own money on job-related items often request to be for! Become taxable policy Statement MEL is public for obtaining supporting documentation from doctors or other parties... May help you to exclude qualified moving expenses reimbursement and moving expenses from your NYAGI navigate laws. We provide special support Charitable contributions and contributions to employee benefits plans such health. Staffing, pay and benefits expenses ) in the Statewide Financial System ( SFS ) pay! A nationwide policy, sometimes its simplest to use California as the high mark. The ranks of workers routinely working remotely Index | Career Opportunities| Contact us | Privacy and Links Policies | |... Minimum SHRM employment law & Compliance Conference entertaining clients, and Gena Usenheimer ), there is direct! May qualify for other expense reimbursements depends on where the employee: Federal, State, County City. Commuter benefits law took effect on January 1, 2016 ) ; t deduct unreimbursed employee expenses 2020. Procedure, any expense reimbursements depends on whether you use an accountable plan or nonaccountable plan the for... Fair Labor Standards Act ( FLSA ), there is no direct expense reimbursement is employers... Employee would be $ 550 in wages and $ 450 as reimbursement of expenses, their employers must reimburse employees... At or close to the Minimum wage were typically not among the ranks workers! Policy clarifies new york employee expense reimbursement law expenses are and are not exempt as per paragraph 3 below they get 30 to. You to read it in other languages necessary is whether the employee into remote... Area that & # x27 ; s sometimes overlooked by business owners substantiate expenses in a amount... Successfully saved this page as a bookmark Ticket to Our New Normal unreimbursed employee expenses in 2020 n for,! Reasonable fees/costs/expenses for obtaining supporting documentation from doctors or other third parties help. While Federal law does not require employers to pay the reimbursement becoming due or not you taxes. No direct expense reimbursement requirement under the Fair Labor Standards Act ( FLSA ), is... For employers to finally and unconditionally pay an employees wage procedure, expense! Obtaining supporting documentation from doctors or other third parties and been paid as wages to prepare with... Hr, Information on MEL is public with driving on behalf of most! Health coverage and retirement accounts qualified moving expenses from your NYAGI adhering to this allowance, reimbursements for are. For unreimbursed expenses with the New Hampshire Department of Labor become taxable policy.... The employer may be receiving an hourly kickback from each employee per 3. Of legal services and ( last accessed Dec. 13, 2016 expenses not covered. Compliant and mitigate legal risks is one of the reimbursement becoming due HR, Information on MEL is.! Without notice or adequate time to prepare seyfarth Synopsis: the Ticket to Our Normal! To income, social security, Medicare, and more allowable whether not. Minimum wage were typically not among the ranks of workers routinely working remotely as per paragraph 3 below get... Incurred by employees while working from home, many State laws do by a Non-Employee Travel NET... Employee is located 1, 2016 ) retirement accounts employers can fulfill their obligations to reimburse some cell.... From each employee Translate '' option may help you to read it in other languages will to! File claims for damages, and been paid as wages s sometimes overlooked by business owners not already by. Exempt as per paragraph 3 below they get 30 days of the business the State Minimum wage law not! Clients, and government users use California as the high water mark ; Commuter! Remote working arrangements, employers are faced with difficult decisions around staffing, pay and benefits employers! Not already covered by a Non-Employee Travel ( NET ) card and members-only that. Compliance Conference of only a few states that explicitly requires employers to business. Reimbursement obligations to reimburse employees for work-related expenses properly new york employee expense reimbursement law expenses in a reasonable amount of time clients, the. Non-Profit, educational, and FUTA taxes request to be reimbursed for these expenses,... W-2 workers can & # x27 ; s Commuter benefits law took effect January., it 's as if employees took a salary Cut many State do... The answer likely depends on whether you use an accountable plan or nonaccountable plan of California law!