There is a certain expectation that if an employee uses their own money on the business's behalf, they should get reimbursed. For example, California Labor Code Section 2802(a) requires an employer to 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. Failing to reimburse employees can lead to class or collective actions and quickly become incredibly burdensome for employers. 0000008220 00000 n With legal experts and compliance consultants, keeping track of them is what LaborLawCenter does full-time! Since most of his staff are now working at home, the company will reimburse for anything related to work performance and department responsibilities, as long as it's within reason, he said. Given this, when crafting a nationwide policy, sometimes its simplest to use California as the high water mark. Also, we advise that employers maintain documentation to support the reasonableness of the stipend that they establish, in case the amount of the stipend is ever attacked as being too little (such that it does not cover an employers full reimbursement obligation) or too much (such that the excess should be treated as compensation for work rather than reimbursement). 0000008928 00000 n On a federal level, under the Fair Labor Standards Act (FLSA), employees cannot be required to directly pay or reimburse their employer for business-related expenses if doing so would cause the employee's wage rate to fall below the required minimum wage or overtime compensation thresholds. It is also an opportunity to create a policy that outlines procedures and sets clear expectations. 162 29 The State Minimum Wage Law does not apply to public agencies. A well-drafted expense reimbursement policy will: (a) manage expectations about which business-related expenses may be reimbursed; (b) establish procedures employees must follow to be reimbursed; (c) set reasonable cost controls on employee business expenses; and (d) ensure that business expenses are appropriate. An Accountable Plan allows the employee to either receive and advance/allowance or be reimbursed for expenses under the following conditions: The expense must be in connection with the performance of services as an employee. The process for returning any of these conditions are not met, the reimbursements are treated as paid under Information on MEL is public. https://www.nysenate.gov/legislation/laws/LAB/198-C 0000001739 00000 n 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. Employees of public agencies are usually covered by the Federal Minimum Wage. 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. 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. New York State's Labor Law provides that employers who fail, neglect, or refuse to pay "benefits or wage supplements" to their employees are guilty of a misdemeanor. . If an employee who makes $8.00 an hour incurs $6 per day in unreimbursed employer expenses, the FLSAs kickback provision will lower his or her hourly wage to below minimum wage. By: Tiffany H. Rouhi. Location: See Cochran v. Schwans Home Serv., Inc. 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If you rely on information obtained from Google Translate, you do so at your own risk. Google Translate cannot translate all types of documents, and it may not give you an exact translation all the time. Weve been helping our New York City clients fight for their right to adequate compensation for over thirty years. Lets say a pizza company only reimburses its delivery drivers $1 per delivery for the mileage and gas used to make the delivery. 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. count as taxable income. This mean, "all . Through social Employers must reimburse an employee for all necessary expenditures incurred in direct consequence . Federal law states that employers only have to reimburse for work-related expenses when these expenses drop the employee's earnings below minimum wage. <<8303E6B16C006C4D8B3F9A1F7CDC1FD8>]>> Please log in as a SHRM member before saving bookmarks. 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! 0000003803 00000 n Are they legally obligated to? New York State Finance Law Section 202 - Reimbursement for Travel and Moving Expenses Upon Transfer, Reassignment or Promotion New York Laws State Fin. ", Employers should have a written policy that outlines all expense reimbursements. Employers must reimburse their employees within 30 days of the reimbursement becoming due. As a result of the Tax Cuts and Jobs Act of 2017, you can no longer reimburse employees moving expenses. Work with the HR experts at Resourcing Edge to help you create accountable reimbursement policies and add them to the employee handbook. (whoever is responsible for reimbursement to acknowledge receipt at the time you deliver your next request for reimbursement). These claims are not likely to succeed," he said. 0000001870 00000 n treated as supplemental wages and subject to taxes. A ring light might be nice for all those Zoom meetings, but is it necessary? To request permission for specific items, click on the reuse permissions button on the page where you find the item. Create an Expense Reimbursement Policy for the Employee Handbook. It depends on what plan you use: 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. New York City Mayor Bill de Blasio signed into law New York City Council Int. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { 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. No. "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. Employees can lower their monthly expenses by using pre-tax income to pay for their commute. 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. 0 Under this new normal, employers must be mindful of the expenses these workers might be incurring; in particular, with respect to one-time higher ticket purchases that could drop them below minimum wage, such as a printer or other home office equipment that is necessary for their job (more to come on the critical modifier necessary). Of course, there should also be some sort of internal Original Source: If an employer misrepresented job, do I have to pay back moving costs? 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. that are reimbursable. 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? 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. In California, reimbursement also may extend to the use of an employee's car for work purposes, Samuel said, but not to expenses that employees would incur under normal circumstances. endstream endobj 189 0 obj <>/Size 162/Type/XRef>>stream Federal law states that employers only have to reimburse for work-related expenses when these expenses drop the employee's earnings below minimum wage. 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. Employee expense reimbursement is an area that's sometimes overlooked by business owners. The Results: The amendment to the IWPCA provides that employers must reimburse their employees for all necessary expenditures and losses they incur within the scope of their employment, subject to the terms of the employer's expense reimbursement policy. Most businesses prefer to include reimbursement amounts in the 1099 income rather than go through reimbursing expenses. There is no federal requirement to reimburse employees for business-related expenses. Policy Statement. These kickbacks may result in an employee not earning the federal minimum hourly wage. accountable plan, this does not disqualify other reimbursements that meet the amount for certain expenses. The wage deduction results in an employee receiving an hourly pay rate that is less than the federal minimum wage. properly substantiate expenses in a reasonable amount of time. Depending on what type of expense is reimbursed, the amounts received . The date reimbursement is due is typically the date that the employee submitted the expense for reimbursement. 0000000892 00000 n GET to KnowNew York State ComptrollerThomas P. DiNapoli. Another component of assessing whether an incurred expense was necessary is whether the employee could have fulfilled the need at a lower cost. 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.) 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). There is no federal requirement to reimburse employees for business-related expenses. Illinois Expense Reimbursement Law. (last accessed Dec. 13, 2016). The types of expenses At Sungevity, Trust said they've adopted a practical policy on work-from-home 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. 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. Due to the pandemic, employees in the US are working from home in unprecedented numbers. 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;}'; Should We Panic Due To The FTCs Proposed Rule? The Department will be holding a public hearing on the adoption of administrative rule Lab 600. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. employee would be $550 in wages and $450 as reimbursement of expenses, a total of $1000. 2032-A on September 28, 2020, after the city council passed the bill a few days earlier. 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, Reimbursement: Employers are required to reimburse employees for reasonable fees/costs/expenses for obtaining supporting documentation from doctors or other third parties . See IRS Publication 535 to learn more about business expenses. 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