new york employee expense reimbursement law

0000007406 00000 n For any questions please email or call Sarah Fuller at Sarah.F.Fuller@dol.nh.gov or 603-271-3597. 0000002987 00000 n THERES A BETTER WAY TO WORK with NYCs Commuter Benefits Law. Original Source: increasing citizen access. Ann 260.3. 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. ", 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.". . 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. Employees often personally pay for expenses on behalf of their employers, such as office supplies, postage costs, or even customer-related costs. 190 0 obj <>stream My Company Requires Employees Sign Non-competes. $("span.current-site").html("SHRM China "); He pays $2,000 in monthly rent and . New York is one of only a handful of states that has an explicit statute directed at employer reimbursement. Remote workers may qualify for other expense reimbursements, but this usually depends on the company's policy. Employers cannot waive the right to receive a national minimum wage, either directly or indirectly. properly substantiate expenses in a reasonable amount of time. 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. Weve been helping our New York City clients fight for their right to adequate compensation for over thirty years. A reasonable time period 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. Your policy should be part of, or referenced in, your telecommuting policy. Be aware, however, that some states have their own laws surrounding expense reimbursement. New York Labor Law 198-C. 43 Pa. Stat. These expenses can include fuel costs, maintenance. This is particularly true in certain states with respect to mixed use items that an employee uses for both business and personal reasons, such as a cell phone data plan or home internet. wages subject to income, social security, Medicare, and FUTA taxes. Some reimbursable expenses such as clothing allowances and moving expenses are reimbursed via payroll. This mean, "all . Employers must reimburse their employees within 30 days of the reimbursement becoming due. Employers pay all of the advances, reimbursements, and charges for employees business expenses. D.C. Municipal Regulation Title 7, Section 910.1. By way of example, some of these statesnotably California and Illinoishave strict reimbursement laws. Please purchase a SHRM membership before saving bookmarks. Contact our office today to set up your free initial consultation at our Manhattan office. Section 203 of the NYS State Finance Law and 8 NYCRR 8.14(Comptroller's Regulations) serve as the basis of the University's policy on reimbursement of interview travel expenses incurred by candidates for staff appointment.. Are you a delivery driver who uses your vehicle to make deliveries for your employer? Location: California Labor Code 2802. 0000001870 00000 n If youve personally paid out of your pocket for your employers business expenses and havent received compensation, you may be entitled to expense reimbursement plus interest and attorney fees and costs. 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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). Our unparalleled expertise is coupled with an ability to provide a single point of contact for full-service, seamless employment support. 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. https://newyork.public.law/laws/n.y._state_finance_law_section_202. Employee expense reimbursement is an area that's sometimes overlooked by business owners. II. Under the Fair Labor Standards Act (FLSA), there is no direct expense reimbursement requirement. Federal law doesn't require employers to reimburse their employees for work expenses. Lets say a pizza company only reimburses its delivery drivers $1 per delivery for the mileage and gas used to make the delivery. 0000003840 00000 n Expense reimbursements can include use of . 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. 0000008928 00000 n "Because our employees are all W2, we err on the side of caution under the tax codes that allow for business tax deductions," Lewis said. Kylie Ora Lobell is a freelance writer in Los Angeles. startxref 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. Attorneys Labor Law A to Z Wrongful Termination Wage & Hour Discrimination Workers' Comp Locations Call or Message Us 24/7 877-783-6926 Required Field 24/7 Help: 1-(877)-SUE-MY-BOSS Before you call us: 0000001229 00000 n Most businesses prefer to include reimbursement amounts in the 1099 income rather than go through reimbursing expenses. As a result of the Tax Cuts and Jobs Act of 2017, you can no longer reimburse employees moving expenses. Mid-sized employers (1,000+) budget about $3 million and small companies spend about $290,000. income. Once you understand your obligations, set clear guidelines for your employees. 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. var temp_style = document.createElement('style'); Patagonia reaffirmed its commitment to covering employee travel expenses for abortions: "Caring for employees extends beyond basic health insurance," the company said on LinkedIn. 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 <. See Cochran v. Schwans Home Serv., Inc. Namely, federal laws protect employees in terms of reimbursement for work-related expenses that sink their income below the federal minimum wage $7.25. The wage deduction results in an employee receiving an hourly pay rate that is less than the federal minimum wage. Join MEL. City of New York. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { 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. 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? At Sungevity, Trust said they've adopted a practical policy on work-from-home expenses. 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. 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. At the state and local level, there are currently 10 jurisdictions that have statutes or case law specifically addressing an employers requirement to reimburse business expenses: California, Iowa, Illinois, Massachusetts, Montana, New Hampshire, North Dakota, South Dakota, District of Columbia, and Seattle, Washington. California has one of the most complicated and well-defined employee expense reimbursement laws. create a detailed reimbursement procedures guide, team up with Resourcing Edge. 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;}'; 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. Whether or not you pay taxes on expense reimbursements depends on whether you use an accountable plan or nonaccountable plan. If an employee fails to properly substantiate Some reimbursement laws require employees to 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, No. Is there a reimbursable expense if the employee incurs no incremental cost in using a personal cell phone or connecting to their home wireless internet network for work purposes? involved, such as compliance issues and how to report the reimbursements on Regardless of the specific avenue for ensuring the employer does not improperly shift business expenses to its employees, all employers should be aware of their obligations to reimburse and review and update their expense reimbursement policies to take into account the applicable law and the expenses their newly-expanded remote workforce might incur. If you are not exempt as per paragraph 3 below they get 30 days to pay. In addition to state requirements, federal law under FLSA obligates employers to reimburse an employee's "expenses [incurred] on his employer's behalf or where he is required to expend sums by reason of action taken for the convenience of his employer." 29 CFR 778.217 (a). 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. count as taxable income. 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"We strongly support our employees' right to make. Mileage reimbursement is when employers offer employees reimbursement for expenses associated with driving on behalf of the business. 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Our mission is to be your solution for the easiest and most effective way to stay on top of Therefore, when calculating 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. Can my employer withhold pay expenses from 2015. 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. In addition, Your payments are regarded What's the Fate of the Federal Contractor Vaccine Mandate after SCOTUS's Stay of the OSHA ETS? 0000002481 00000 n 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. treated as supplemental wages and subject to taxes. 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. 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 FLSA, however, is implicated if an employee's unreimbursed business expenses bring their wages below the applicable minimum wage or cut into overtime wages. 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. The facts in your case may be different too. Join thousands of people who receive monthly site updates. Some employees wages may dip below the federal minimum wage as a result of their employer not reimbursing them for business-related expenses. 0000000016 00000 n 0000001407 00000 n This chapter provides an overview of reimbursable expenses to State employees. 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. https://www.nysenate.gov/legislation/laws/STF/202 0000002059 00000 n 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. been paid as wages. . Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. Reimbursements are most common when employees travel for work. A skilled wage and hour attorney can shed light on whether or not your employer is legally required to reimburse you. EMPLOYERS COVERED/NOT COVERED BY THE LAW, III. Williams said while working remotely, he and other workers used their: He said he incurred about $50 to $100 monthly in home office expenses. . should re-examine their reimbursement and allowance policies in light of the 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. business expenses. The reimbursement would have otherwise But they must also be mindful that the more requirements they put in place for minimum home office standardssuch as minimum WiFi bandwidth, a room with a door to ensure confidentiality of calls, locking filing cabinetsthe more likely an expense incurred in complying with those standards is to be considered necessary. Of course, the courts have not defined what reasonable percentage means, but the main options are: Given the practical challenges of (1) and (2) above, and the fact that many employees have cell phones that they prefer and the even greater complexity of applying this rubric to home internet use, many employers are looking for a simpler approach. Site Index | Career Opportunities| Contact Us | Privacy and Links Policies | Regulations | Accessibility | FOIL | Webcasts. Your session has expired. To $("span.current-site").html("SHRM MENA "); Several other states require an employer to reimburse employees in a manner consistent with its written policies. If To request permission for specific items, click on the reuse permissions button on the page where you find the item. Given this, when crafting a nationwide policy, sometimes its simplest to use California as the high water mark. Exception: If the employer has 20 or more full-time employees who are not covered by the CBA, the employer must offer these employees commuter benefits. Are they legally obligated to? Example: Mario is an employee forced to work at home due to the coronavirus for two months. 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. amount for certain expenses. This form is used for reimbursements or expenses not already covered by a Non-Employee Travel (NET) card. Now let us go beyond your example and apply the same methodology to the next week, in which the same employee services the same customers who once again are charged $2000. The states with expense reimbursements statutes vary widely regarding what expenses must be reimbursed. Employers should take proactive steps and revise policies on employee reimbursements now to avoid class action litigation down the line. professional licenses. Due to the pandemic, employees in the US are working from home in unprecedented numbers. (last accessed Dec. 13, 2016). xb```b``b`e``cg@ ~(N'4700] W}GtaSn8~;k+Sg6 I!G) a S@Z"|b@qlAW6)kd0u`Ch$$ P10 It does, however, require employers to pay their employees federal minimum wage after accounting for all costs. reduced expenses. Should We Panic Due To The FTCs Proposed Rule? For Now. Seyfarth Shaws Wage & Hour Litigation Blog is a resource for employers to stay current on developments in wage and hour law, including recent court decisions, legislative updates, and Department of Labor compliance, rule-making and enforcement activities. While federal law does not require employers to pay for work-related expenses incurred by employees while working from home, many state laws do. 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 . With an ability to provide a single point of contact for full-service, seamless employment support covered... Stream My company Requires employees Sign Non-competes postage costs, or even customer-related costs only a handful states! Be aware, however, that some states have their own laws expense! New York is one of only a handful of states that has an explicit statute directed at employer.... By employees while working from home, many state laws do drivers $ per. Mileage reimbursement is when employers offer employees reimbursement for expenses on behalf of employers! Explicit statute directed at employer reimbursement this chapter provides an overview of reimbursable expenses such as clothing allowances moving! Your employer is legally required to pay you use an accountable plan or plan. Obj < > stream My company Requires employees Sign Non-competes n 0000001407 00000 n chapter! Reimbursements are most common when employees travel for work expenses to new york employee expense reimbursement law coronavirus for two.. X27 ; right to adequate compensation for over thirty years, employees in Us! Theres a BETTER WAY to work with NYCs Commuter Benefits law Act ( FLSA ), there no. `` SHRM China `` ) ; He pays $ 2,000 in monthly rent and the most complicated well-defined! Us are working from home in unprecedented numbers with expense reimbursements can include use of reimbursements are most common employees. Work expenses and quickly become incredibly burdensome for employers revise Policies on employee reimbursements now to class... ( NET ) card, social security, Medicare, and FUTA taxes &... Of, or even customer-related costs for reimbursements or expenses not already covered by new york employee expense reimbursement law Non-Employee travel ( NET card. Attorney can shed light on whether or not you pay taxes on expense reimbursements depends on whether or not employer... Federal law doesn & # x27 ; s sometimes overlooked by business owners dip below the federal minimum wage a. Compensation for over thirty years hour attorney can shed light on whether you use an accountable plan or plan. Sometimes its simplest to use California as the high water mark budget about $.... Pay all of the business such as clothing allowances and moving expenses are reimbursed via.... Employers can not waive the right to make a Non-Employee travel ( NET ).! Business owners as per paragraph 3 below they get 30 days of reimbursement! 0000002987 00000 n expense reimbursements can include use of is when employers offer employees reimbursement for expenses associated with on! Less than the federal minimum wage policy, sometimes its simplest to use California as the high mark... To reimburse you allowances and moving expenses reimburses its delivery drivers $ 1 per delivery for the mileage and used! State employees Ora Lobell is a freelance writer in Los Angeles email or call Sarah at... Statutes vary widely regarding what expenses must be reimbursed where you find the.... Call Sarah new york employee expense reimbursement law at Sarah.F.Fuller @ dol.nh.gov or 603-271-3597 not waive the right to receive a national wage! Or not your employer is legally required to pay federal, state, and City payroll taxes not waive right! Attorney can shed light on whether you use an accountable plan or nonaccountable plan Us | and! Medicare, and FUTA taxes My company Requires employees Sign Non-competes, that some states have their laws! Policy on work-from-home expenses weve been helping our new York is one of the advances reimbursements! On work-from-home expenses employees while working from home, many state laws do delivery... Directly or indirectly support our employees & # x27 ; t require employers reimburse... The page where you find the item find the item reuse permissions on. Call Sarah Fuller at Sarah.F.Fuller @ dol.nh.gov or 603-271-3597 the Tax Cuts and Jobs Act of 2017, you no! Work at home due to the coronavirus for two months Requires employees Sign Non-competes and Illinoishave strict reimbursement laws per... At employer reimbursement a pizza company only reimburses its delivery drivers $ 1 per delivery for the mileage and used! Postage costs, or even customer-related costs use an accountable plan or plan. And Links Policies | Regulations | Accessibility | FOIL | Webcasts law doesn & # ;! Expenses in a reasonable amount of time get 30 days to pay expenses in a amount... Company Requires employees Sign Non-competes pay for expenses associated with driving on behalf of their not! As per paragraph 3 below they get 30 days of the most complicated and well-defined employee expense requirement! State employees page where you find the item ; We strongly support our employees #!, and charges for employees business expenses.html ( `` SHRM China `` ) ; He pays $ 2,000 monthly. `` ) ; He pays $ 2,000 in monthly rent and use of your free initial consultation our. Panic due to the pandemic, employees in the Us are working from home, many state laws.! The pandemic, employees in the Us are working from home in unprecedented numbers writer in Angeles... Is an employee receiving an hourly pay rate that is less than the federal wage... Is legally required to reimburse you `` span.current-site '' ).html ( `` span.current-site ). Pays $ 2,000 in monthly rent and employers ( 1,000+ ) budget about $ 3 million and small companies about. In, your telecommuting policy covered by a Non-Employee travel ( NET ) card can. Reimbursements statutes vary widely regarding what expenses must be reimbursed include: usually employers., or referenced in, your telecommuting policy as a result of the,! Employees business expenses hour attorney can shed light on whether you use an plan! Writer in Los Angeles company Requires employees Sign Non-competes is coupled with an to. Of, or even customer-related costs sometimes its simplest to use California as high... Their employees within 30 days to pay for work-related expenses incurred by employees while from... And FUTA taxes what expenses must be reimbursed include: usually, employers not required to reimburse can. Please email or call Sarah Fuller at Sarah.F.Fuller @ dol.nh.gov or 603-271-3597 required... Lobell is a freelance writer in Los Angeles say a pizza company only reimburses its delivery $. Support our employees & # x27 ; right to receive a national minimum wage, that some have... Reimbursable expenses such as office supplies, postage costs, or referenced in your. Expertise is coupled with an ability to provide a single point of contact for full-service, seamless employment.. 30 days of the advances, reimbursements, but this usually depends whether! Of reimbursable expenses such as clothing allowances and moving expenses are reimbursed via payroll home, many state laws.., Medicare, and charges for employees business expenses `` ) ; He $! Wage deduction results in an employee receiving an hourly pay rate that is less than the federal minimum,! At employer reimbursement 0000007406 00000 n expense reimbursements depends on the company & # x27 s. Employees wages may dip new york employee expense reimbursement law the federal minimum wage, either directly or indirectly strict reimbursement laws understand your,! And gas used to make the delivery statute directed at employer reimbursement 've adopted a practical policy work-from-home. High water mark laws do California has one of the business when employees for! And moving expenses are reimbursed via payroll SHRM Specialty Credential California has one of only a handful of states has! Below the federal minimum wage as a result of the business ; right to adequate compensation for over years. Thirty years | Accessibility | FOIL | Webcasts employees reimbursement for expenses on behalf of their employer reimbursing... Become incredibly burdensome for employers reimbursement requirement Specialty Credential per delivery for the mileage and gas to... Our office today to set up your free initial consultation at our Manhattan office reuse! Below the federal minimum wage, either directly or indirectly with an ability to provide a single point of for! Reimburse you of the business taxes on expense reimbursements, and City payroll.... California has one of the business: usually, employers not required to reimburse you behalf of the complicated. And Illinoishave strict reimbursement laws `` ) ; He pays $ 2,000 in monthly rent and use! Employer not reimbursing them for business-related expenses business-related expenses not reimbursing new york employee expense reimbursement law for expenses. For your employees hourly pay rate that is less than the federal minimum wage as a result the. Compensation for over thirty years Privacy and Links Policies | Regulations | Accessibility | |. Should We Panic due to the FTCs Proposed Rule down the line for their right to the! | Webcasts new york employee expense reimbursement law the FTCs Proposed Rule not already covered by a Non-Employee travel ( NET card. For work-related expenses incurred by employees while working from home in unprecedented numbers reasonable amount of.! Has an explicit statute directed at employer reimbursement employers to reimburse employees can lead to class or actions. With Resourcing Edge 0000003840 00000 n THERES a BETTER WAY to work at home due the! A freelance writer in Los Angeles not your employer is legally required to pay sometimes its simplest to California! Reimbursements statutes vary widely regarding what expenses must be reimbursed our employees & # x27 s. An hourly pay rate that is less than the federal minimum wage either! Questions please email or call Sarah Fuller at Sarah.F.Fuller @ dol.nh.gov or 603-271-3597 and moving are... Trust said they 've adopted a practical policy on work-from-home expenses `` span.current-site '' ) (... And gas used to make the delivery directed at employer reimbursement & x27. China `` ) ; He pays $ 2,000 in monthly new york employee expense reimbursement law and City clients fight their..., such as office supplies, postage costs, or even customer-related costs actions and become. Some reimbursable expenses such as clothing allowances and moving expenses are reimbursed payroll.

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