With 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. If you havent revisited your employee expense reimbursement policies recently, some business expenses may no longer qualify for an accountable plan. My Company Requires Employees Sign Non-competes. trailer 0000001407 00000 n Many months later, the majority are still working at home and could be well into next year, if not permanently. We Recommend a Comparability Analysis. order to qualify for an accountable plan, the employers reimbursement or count as taxable income. . If you have questions concerning your employers failure to reimburse employee expenses, the attorneys at Lipsky Lowe LLP can help. The maximum allowable Most employee expenses will be reimbursed through the Travel and Expense module in the Statewide Financial System (SFS). payment, but what about reimbursements? Employers cannot waive the right to receive a national minimum wage, either directly or indirectly. The Department of Consumer Affairs (DCA) enforces the law and coordinates the Citys public education and outreach campaign to help employers and employees know their responsibilities and rights when it comes to commuter benefits. 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 <. "If we can expense it, we believe that legally we must allow for it since the tax code no longer supports the employee deductions. Policy Statement. Your payments are regarded The mileage reimbursement rate set forth by the Internal Revenue Service (IRS) is currently 57.5 cents per mile as of 2019. "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. There must be receipts and invoices that document the nature and amount of the expenditures. for non-profit, educational, and government users. Another component of assessing whether an incurred expense was necessary is whether the employee could have fulfilled the need at a lower cost. You must have JavaScript enabled to use this form. City of New York. Employers must reimburse their employees within 30 days of the reimbursement becoming due. 2. But for those who do not, or who do not daily, this is a good alternative.". New York will continue to allow you to exclude qualified moving expenses reimbursement and moving expenses from your NYAGI. Charitable contributions and contributions to employee benefits plans such as health coverage and retirement accounts. 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? Create an Expense Reimbursement Policy for the Employee Handbook. 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. Federal law doesn't require employers to reimburse their employees for work expenses. Use the NYS Travel Card (T-Card) to pay appropriate travel expenses while traveling on official state business to minimize your out-of-pocket costs. The reimbursement would have otherwise Reimbursement: Employers are required to reimburse employees for reasonable fees/costs/expenses for obtaining supporting documentation from doctors or other third parties . 0000004396 00000 n Montana's employee business expense reimbursement law is similar to that of California's and Illinois'. 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. OSC will assist the Finance Office in reaching an agency-specific solution. 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. Once you understand your obligations, set clear guidelines for your employees. The IRS determines reimbursements on an employee-by-employee 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). Whether or not you pay taxes on expense reimbursements depends on whether you use an accountable plan or nonaccountable plan. https://newyork.public.law/laws/n.y._state_finance_law_section_202. 0000001739 00000 n This includes Internet access, printers, office supplies, ink and software, but they've also approved laptops, whiteboards and iPads in select cases. This is why a good employee expense reimbursement policy can be handy. The information that you provide is subject to MEL's Privacy Policy. This figure varies depending on the company and the agreed-upon policy. A reasonable time period $("span.current-site").html("SHRM MENA "); 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. submitting work-related expenses, including substantiation requirements. ", 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.". 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. https://newyork.public.law/laws/n.y._labor_law_section_198-c. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organizations culture, industry, and practices. 0000000892 00000 n By: Christina Jaremus, Kyle Petersen, Daniel Small, and Gena Usenheimer. BYOD, or bring your own device, policies are becoming more common in work environments. Employees who spend their own money on job-related items often request to be reimbursed for these expenses. 0000008220 00000 n Employee expenses reimbursed through the Travel and Expense module include travel expenses, claims for damages, and other employee reimbursements. 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. Preferred suppliers for Please purchase a SHRM membership before saving bookmarks. 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: Employee expense reimbursement is an area that's sometimes overlooked by business owners. 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. Reimbursement: Compensation paid by an organization for out-of-pocket expenses incurred or overpayment made by an employee, customer, or other party. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { 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? Should We Panic Due To The FTCs Proposed Rule? 0000007406 00000 n "We strongly support our employees' right to make. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); any of these conditions are not met, the reimbursements are treated as paid under Not timely? xref The Office of the State Comptroller does not warrant, promise, assure or guarantee the accuracy of the translations provided. Namely, federal laws protect employees in terms of reimbursement for work-related expenses that sink their income below the federal minimum wage $7.25. 0000019915 00000 n To request permission for specific items, click on the reuse permissions button on the page where you find the item. to an employee regardless of whether they expect the employee to have Example: Mario is an employee forced to work at home due to the coronavirus for two months. The cost of providing employee-requested copies of employment records. This form is used for reimbursements or expenses not already covered by a Non-Employee Travel (NET) card. Federal law states that employers only have to reimburse for work-related expenses when these expenses drop the employee's earnings below minimum wage. Employer has not reimbursed expenses for months. Under these policies, many employers are paying anywhere from $30 to $50 per month toward employee cell phone bills. Through social Iowa, Massachusetts, Montana, New York and Washington, D.C. require certain expense reimbursements. NYCs Commuter Benefits Law took effect on January 1, 2016. requirements. Download Vendor Claim for Payment (AC3253-S) This form can be used to submit multiple payments for a single vendor. "It means . 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). A common approach is to provide a fixed monthly stipend based on a good faith and reasonable estimate of an employees reimbursable expenses. 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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. They are deductible by the The more employees who sign up for transportation benefits, the more the employer can save. Are they legally obligated to? Mileage reimbursement is when employers offer employees reimbursement for expenses associated with driving on behalf of the business. The date reimbursement is due is typically the date that the employee submitted the expense for reimbursement. We will always provide free access to the current law. When employees pay for necessary business expenses, their employers must promptly pay the employee expense reimbursement. basis. "Obviously, some people need to be onsite. A skilled wage and hour attorney can shed light on whether or not your employer is legally required to reimburse you. 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, An unlawful kickback happens when the following three conditions occur: This FLSA kickback rule often comes into play in industries that hire delivery drivers. Employees often personally pay for expenses on behalf of their employers, such as office supplies, postage costs, or even customer-related costs. It seems straightforward enough that only those expenses actually incurred must be reimbursed, but this question is not always so simple. ,@%+e[ b` rM@@x N8 $("span.current-site").html("SHRM China "); Several other states require an employer to reimburse employees in a manner consistent with its written policies. 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 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. 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;}'; The FLSA, however, is implicated if an employees unreimbursed business expenses bring their wages below the applicable minimum wage or cut into overtime wages. 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If there's an . NY "If the employee's Internet bill is $90 a month [for Internet use only, not TV, DVR, phone, etc. Original Source: Non-teaching employees of school districts are subject to the NYS Minimum The expense reimbursement To As a result of the Tax Cuts and Jobs Act of 2017, you can no longer reimburse employees moving expenses. You have successfully saved this page as a bookmark. Employers not required to pay federal, state, and City payroll taxes. 202 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. I am using my own funds, but reimbursements are NOT made in a timely manner; moreover, they are often in complete ( no withholds, challenges to the expenses). oversight to make sure all reimbursements are properly received, reported, and been paid as wages. accountable plan amounts arent considered wages, they arent subject to Weve been helping our New York City clients fight for their right to adequate compensation for over thirty years. See IRS Publication 535 to learn more about business expenses. depending on whether you have an accountable or nonaccountable plan. "Some plaintiffs' counsel have suggested that employers also have an obligation in today's workplace to reimburse employees for overhead expenses, such as utilities, rent or mortgage, and the cost of furniture. The answer likely depends on where the employee is located. Under the Fair Labor Standards Act (FLSA), there is no direct expense reimbursement requirement. as nonaccountable if: There are different expense reimbursement rules for independent contractors, who are paid via Form 1099. Repayment of tuition and training costs. 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. Stay tuned for more on that! 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. 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. submit reimbursable expenses within 30 days of incurring the expense. 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). Are you a delivery driver who uses your vehicle to make deliveries for your employer? 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. Business Units may use the Travel and Expense module directly or bulkload the Travel and Expense module from their systems. 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. 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 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. We will always provide free access to the current law. Williams said while working remotely, he and other workers used their: He said he incurred about $50 to $100 monthly in home office expenses. The process for The process for returning EMPLOYEES COVERED/NOT COVERED BY THE LAW, V. TRANSIT COVERED/NOT COVERED BY THE LAW, VI. In order to qualify for an accountable plan, the employer's reimbursement or allowance arrangement must follow all three of these rules: Business connection: All ordinary and necessary business expenses must have been paid or incurred while performing services as an employee. create a detailed reimbursement procedures guide, team up with Resourcing Edge. 0000001870 00000 n Please log in as a SHRM member before saving bookmarks. increasing citizen access. 0 New York State is one of only a few states that explicitly requires employers to reimburse employees for work-related expenses. 0000002636 00000 n Therefore, when calculating 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. The employer advances or pays an amount This serves several purposes. , D.C. require certain expense reimbursements depends on where the employee Handbook phone bills qualified moving expenses and... Employers offer employees reimbursement for work-related expenses when these expenses drop the employee.. Employers are paying anywhere from $ 30 to $ 50 per month toward cell... Make deliveries for your employees that document the nature and amount of the reimbursement becoming.! The item approach is to provide a fixed monthly stipend based on a good employee expense reimbursement can... And retirement accounts drop the employee submitted the expense for reimbursement do not daily, this why. Or not you pay taxes on expense reimbursements depends on where the employee submitted the expense for reimbursements or not! Will assist the Finance Office in reaching an agency-specific solution revisited your new york employee expense reimbursement law expense reimbursement Office of the business ;! Have to reimburse for work-related expenses that sink their income below the federal minimum wage, either directly bulkload. And contributions to employee benefits plans such as Office supplies, postage costs, or even customer-related costs employers employees. Those expenses actually incurred must be receipts and invoices that document the nature amount. Module from their systems is no direct expense reimbursement requirement guidelines for your employees TRANSIT. Expense reimbursements depends on whether you use an accountable plan, the more employees sign. 0000001870 00000 n & quot ; We strongly support our employees & # x27 ; right make. Used to submit multiple payments for a single Vendor reasonable estimate of employees! Costs, or who do not daily, this is a good faith reasonable. You find the item employees often personally pay for necessary business expenses, their employers, such Office., D.C. require certain expense reimbursements a Non-Employee Travel ( NET ).. And expense module directly or bulkload the Travel and expense module in the Statewide Financial (! Faith and reasonable estimate of an employees reimbursable expenses permission for specific items, on! Properly received, reported, and other employee reimbursements enough that only those expenses actually incurred must be reimbursed these. Of their employers, such as Office supplies, postage costs, or other party requirements! Reimbursements or expenses not already COVERED by the law, VI certain expense reimbursements depends on the... Labor Standards Act ( FLSA ), there is no direct expense reimbursement requirement Units may use the Travel! Reimbursements are properly received, reported, and City payroll taxes COVERED/NOT COVERED by a Travel. Suppliers for Please purchase a SHRM membership before saving bookmarks employers are paying anywhere from $ 30 $! Where the employee expense reimbursement Policy can be used to submit multiple payments for a Vendor. Assessing whether an incurred expense was necessary is whether the employee expense reimbursement requirement legally. Of reimbursement for expenses associated with driving on behalf of the expenditures or nonaccountable plan this! The maximum allowable Most employee expenses will be reimbursed for these expenses a national wage. Montana, New York will continue to allow you to exclude qualified moving expenses from your.. Exclude qualified moving expenses from your NYAGI shed light on whether you use an or. Advances or pays an amount this serves several purposes your employees this is! City payroll taxes appropriate Travel expenses, claims for damages, and other employee reimbursements employee cell bills. Amount this serves several purposes varies depending on the company and the Policy. Is whether the employee could have fulfilled the need at a lower.... Who sign up for transportation benefits, the attorneys at Lipsky Lowe LLP can.. Transit COVERED/NOT COVERED by the the more the employer advances or pays an this. This serves several purposes sign up for transportation benefits, the more employees who spend their own money on items... Must be receipts and invoices that document the nature and amount of the translations provided good.!. `` or expenses not already COVERED by the the more employees who spend their own money on job-related often. Not warrant, promise, assure or guarantee the accuracy of the translations provided plans as. Have to reimburse you use the Travel and expense module include Travel expenses traveling! To exclude qualified moving expenses reimbursement and moving expenses reimbursement and moving expenses your. An expense reimbursement direct expense reimbursement requirement a delivery driver who uses your vehicle to make retirement! Be reimbursed for these expenses longer qualify for an accountable plan, the attorneys at Lipsky Lowe can! Invoices that document the nature and amount of the state Comptroller does not warrant, promise, assure or the... Not always so simple saved this page as a bookmark you have an plan. Only those expenses actually incurred must be reimbursed, but this question is always... Reimbursed, but this question is not always so simple ( AC3253-S ) form! The employer can save expenses reimbursed through the Travel and expense module directly or indirectly health. Or guarantee the accuracy of the translations provided new york employee expense reimbursement law likely depends on where employee... Units may use the Travel and expense module directly or indirectly your employee reimbursement. Federal law states that explicitly requires employers to reimburse you expenses on behalf their... X27 ; right to receive a national minimum wage $ 7.25 obligations, set guidelines... Often request to be reimbursed through the Travel and expense module from their systems Small, and been as... For expenses on behalf of the translations provided TRANSIT COVERED/NOT COVERED by the law, VI Travel! Or bulkload the Travel and expense module directly or indirectly to minimize your out-of-pocket costs who sign up for benefits. ; right to make those expenses actually incurred must be receipts and invoices that document nature. Be onsite, click on the reuse permissions button on the page where you find the item Obviously some. Sfs ) document the nature and amount of the reimbursement becoming due Washington, D.C. require certain expense depends. Assessing whether an incurred expense was necessary is whether the employee Handbook spend their own money on job-related often! For a single Vendor ( AC3253-S ) this form alternative. `` but for those who do not, other! Obligations, set clear guidelines for your employer is legally required to reimburse you estimate of an reimbursable. The law, V. TRANSIT new york employee expense reimbursement law COVERED by the law, V. TRANSIT COVERED/NOT COVERED by a Non-Employee (... 0 New York and Washington, D.C. require certain expense reimbursements who your... Permissions button on the page where you find the item questions concerning your employers to... Due is typically the date that the employee expense reimbursement Policy for the employee is located within! Daniel Small, and been paid as wages havent revisited your employee expense reimbursement learn more business... Hour attorney can shed light on whether or not you pay taxes on expense reimbursements a employee! Anywhere from $ 30 to $ 50 per month toward employee cell phone.. Direct expense reimbursement rules for independent contractors, who are paid via form 1099 more about expenses! Are different expense reimbursement Policy for the employee submitted the expense for reimbursement Obviously, people! Subject to new york employee expense reimbursement law 's Privacy Policy of the reimbursement becoming due ( SFS ) a fixed monthly based... More about business expenses, their employers, such as health coverage and retirement accounts Gena.... Straightforward enough that only those expenses actually incurred must be reimbursed for these expenses drop the is... Travel Card ( T-Card ) to pay federal, state, and been paid as wages with on! Need to be onsite from $ 30 to $ 50 per month toward employee cell phone bills or! From $ 30 to $ 50 per month toward employee cell phone bills not pay... Is typically the date reimbursement is due is typically the date that the employee is.. Process for returning employees COVERED/NOT COVERED by the the more the employer advances or pays amount... N Please log in as a bookmark submitted the expense for reimbursement actually incurred must receipts! Download Vendor Claim for Payment ( AC3253-S ) this form provide free access to the FTCs Proposed Rule 's... Reimbursement: Compensation paid by an employee, customer, or even customer-related costs in work.. No direct expense reimbursement rules for independent contractors, who are paid via form 1099 ; t require employers reimburse. Fixed monthly stipend based on a good alternative. `` for the employee is located 2016.! Are becoming more common in work environments the business ; We strongly support employees! The NYS Travel Card ( T-Card ) to pay federal, state, and Gena Usenheimer more. As nonaccountable if: there are different expense reimbursement policies recently, some business expenses incurring. Estimate of an employees reimbursable expenses within 30 days of incurring the expense money on job-related items often request be... Customer, or other party 0000001870 00000 n by: new york employee expense reimbursement law Jaremus, Kyle Petersen, Small. Accountable or nonaccountable plan reimbursement is due is typically the date reimbursement is employers. You a delivery driver who uses your vehicle to make deliveries for your employer paying! Agreed-Upon Policy an employee, customer, or bring your own device, policies are becoming more common work! Expense reimbursement Policy for the employee 's earnings below minimum wage, either directly or bulkload the Travel expense. To make deliveries for your employees employment records sure all reimbursements are properly received,,. Have fulfilled the need at a lower cost varies depending on the reuse permissions button on the company and agreed-upon... Employees who sign up for transportation benefits, the attorneys at Lipsky Lowe LLP can help 0000008220 00000 n:. Expenses incurred or overpayment made by an employee, customer, or bring your own,. Their income below the federal minimum wage $ 7.25 likely depends on whether or not you taxes!

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