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UNIVERSITY PARK, Pa. – Cellphone allowances for Penn State employees will be eliminated effective March 31, the University announced today. They will likely be the front line in handling employee reimbursement requests, and they should know any legal requirements in applicable jurisdictions, as well as how to handle employee claims for expenses. COMMONWEALTH OF PENNSYLVANIA Pennsylvania Labor Relations Board CHAMBERSBURG POLICE OFFICERS ASSOCIATION : : ... choose his own cell phone and plan. For an expense to be allowable, it must meet the following conditions, and supporting documentation is required: 1. Though the FLSA does not require employers to reimburse their employees, under the FLSA “kickback” rule, employees cannot be required to directly pay business-related expenses or reimburse their employer for such expenses if doing so would cause the employee’s wage rate to fall below the required minimum wage or overtime compensation thresholds. Ann. If your cell phone acts as both your business and personal phone, you are only allowed to deduct the portion used for business. Read More, Get the latest info on professional trends, management, and leadership skills on CPA Now. Provide a date by which reimbursable expenses and any required documentation or certification must be submitted. Such a claim would not include the potential recovery of liquidated damages and attorney’s fees, as are available under the IWPCA. PICPA members get full access to all of our articles, forums, podcasts, and more. But only “necessary” expenses incurred by employees must be reimbursed, not optional expenses. For example, if an employee incurs a business expense in a state governed by the FLSA (or a state with reimbursement laws mirroring the FLSA rule), it is the employer’s burden to determine whether that expense brings the employee’s compensation below minimum wage, and if so, to reimburse that employee accordingly. In other words, "reimbursement is always required." The Employer Report provides legal updates and practical insights about the latest labor and employment issues affecting US multinationals, at both the domestic and global level. When revising the policy, be sure to: More employees are working remotely now than ever before and may be incurring reimbursable expenses. For guidance on your employee expense reimbursements, contact your Baker McKenzie employment attorney. However, managing employees working from home can create other issues worthy of class-action litigation, including reimbursing those employees for work-related expenses. For more information: www.bakermckenzie.com, Want to Avoid Employee Reimbursement Class Actions for Remote Work? Try it out! Not every jurisdiction (including California) requires a specific number of days by which employee expenses must be submitted, but giving employees a deadline will make it easier for you to track reimbursements for cost purposes (for instance, to see whether it would be more cost effective for the company to purchase and provide the equipment); for tax purposes; and, more importantly, to be assured that you are properly reimbursing employees to avoid a class action or other lawsuit. The Illinois Wage Payment and Collection Act has been amended to require reimbursement of employees expenses, which may include higher ticket items like cellular phones, cellular data service fees, home computers and internet provider fees for employees who are expected to work remotely and more travel expenses. The “inure to the primary benefit of the employer” language in the law could reasonably be interpreted to allow an employer to refuse to reimburse – outright or partially – expenditures for cell phones, data plans or home Internet service that an employee already has for personal use, such that the employee is not incurring any reimbursable expenses by teleworking. What the Courts Say About Reimbursement of Cell Phone Expenses. Employees working from home may incur any number of expenses – home computers, printers, Internet service, WiFi connections, smartphones and even paper, pens and other office equipment. The employee submitted the expense for reimbursement with proper supporting documentation* (i.e., a receipt) within 30 calendar days of when it was incurred. “We hold that when employees must use their personal cell phones for work-related calls, Labor Code section 2802 requires the employer to reimburse them. If your reimbursement policy does not yet address working from home, update it, and then communicate it. For years I have been, but it just recently changed. Mobile management overhead 3. These items are not likely required to be reimbursed by employers, unless they are required for the employee to work. unreimbursed business expenses, which can be excluded from compensation on Line 1A of the PA-40 Personal Income Tax Return. When you look at the laws applicable to your jurisdiction, check specifics on when your employees must be reimbursed. Some common reimbursable items for remote work situations could include reimbursement for the purchase of (or the cost of a portion of): Be careful: employers may have to reimburse employees for items that incurred no additional expense to the employee if the employer is requiring the employee to use the item for work. All is not necessarily lost for employees forced to work at home. § 531.35. Reg. It would still be $150 for just the one line. § 275:57. Code § 2802. If you have operations in several jurisdictions, make sure that you know and follow each applicable jurisdiction’s rules. §260.3. In addition, the policy will guide supervisors and managers, who are often in charge of initially approving reimbursements. Determining how much to reimburse in these situations can be almost impossible. 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The court wrote that to be in compliance with section 2802, “the employer must pay some reasonable percentage of the employee’s cell phone bill.” The appellate court left it to the trial court to sift through the various cell phone plans and calculate the reimbursement owed to each employee. 2. It could mean an employer provides a flat monthly reimbursement amount reflecting the estimated percentage to be utilized for business purposes, and permitting the employee to seek reimbursement for any additional costs, but estimating the percentage of use of a cell phone for business purposes could be difficult and could vary depending on the industry and time of year. Carrier fees 2. In some states employers are required by state law to reimburse their employees for their necessary job expenses. Presumably, items like paper, pens, and printer cartridges would be included. And New Hampshire also requires employers to reimburse employees for reimbursable expenses (those not normally borne by the employee as a precondition of employment) within 30 days after the employee submits an expense claim. Thus, the court held that to be in compliance with Labor Code section 2802, “the employer must pay some reasonable percentage of the employee’s cell phone bill” if the employee uses a personal cell phone for work purposes. For mobile phone and internet, for example, an employer must be able to show that the reimbursement reasonably related to needs of the business and was reasonably calculated not to exceed the expenses the employee actually incurred. Illinois has joined a number of other states (including California, Massachusetts, Montana, Pennsylvania, New York, Iowa, and the District of Columbia) in enacting expense-reimbursement … To keep workers safe from contracting the virus at work, many employers have allowed employees to continue to work from home indefinitely, which likely decreases the odds that an employer will be sued in class action litigation for failing to provide appropriate PPE in the workplace. My plan is a flat $150 and comes with three free lines. It contains teeth for the enforcement of its provisions. Recently, Illinois modified its Wage Payment and Collection Actto include expense reimbursement rules. 7, § 910.1. As soon as employee wages dip below the applicable threshold, the damage is done, and employers can be liable for violation of the “kickback” rule. Knowing what costs you are required to reimburse, and communicating that to your employees, will go a long way toward ensuring that you don’t end up wrongly refusing reimbursement for a reimbursable expense. Define the reimbursable expenses necessary for performing remote workers’ job duties, and those expenses that are not required for remote workers’ job duties. For more resources, check out PICPA’s Money & Life Tips, Ask a CPA, or CPA Locator. That position i… Contact, Coronavirus FAQs - Postponements and Cancellations. In addition, by putting the onus on employees to submit a request for reimbursement for any amounts above the stipend, employers are throwing a possible wrench in a putative class’s typicality argument, because each employee’s request for any additional reimbursement will have to be evaluated on an individual basis. However, if the employee chooses to purchase an additional monitor along with the laptop for the employee’s own convenience, or an upgraded laptop not otherwise necessary for the employee’s work duties, the monitor is not “necessary” and is not likely reimbursable, and neither is the difference between the standard laptop and the upgraded one. Expenses may not be estimated or guessed. Pennsylvania has several statutes regulating issues such as minimum wage, maximum hours and overtime, and record keeping. The expenses must be reasonable. Trend Watch: The First Wave of COVID-Related Employment Litigation — What's on the minds of employers and litigators during COVID-19? The Wage Payment and Collection Law is not just a collection of mandates from on high. Even if you have good intentions, missing those reimbursement deadlines could cost you. “Reasonable percentage” could mean the actual costs incurred for business purposes, which would require, for instance, that employees figure out how much time they spent on the phone for work as compared to personal calls and provide a percentage to the employer. They can ask their employer to reimburse them for their home office expenses. 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