Several states have also enacted their own expense reimbursement laws that either meet or exceed the standard set forth in the FLSA. By the time the Commission was created in 1970, Arizona courts had distinguished between "salary" or "compensation" and "reimbursement." If housing or meals are provided, the reimbursements may be less than, and cannot exceed, the lodging and meal and incidental expense reimbursements pursuant to subsection C of this section. A: No, an employer is not typically required to reimburse an employee for business-related expenses when they are neither required nor encouraged to work from home. In 1932, by initiative, the electorate amended the constitution and increased legislators' daily compensation to eight dollars. This can be tricky, however, as the employer must be sure to document/identify the amount of compensation attributable to the expense actually incurred. 2023 LawServer Online, Inc. All rights reserved. But if you work in Illinois, state law now says employees can provide a signed statement if they lose a receipt. 0 Why do businesses need an accountable expense plan? d100'h` 5 : SECTION V . Additionally, the 1958 constitutional amendments treated salary and reimbursement separately. legislation and in court, its important for Finance to stay vigilant and Former ARIZ. CONST. 62 (a)(2) and (c)(2); 1.62-2(c)(4). Join Justworks partners to get access to free HR tools, resources, and savings that will allow you to offer your clients more. The only time that the FLSA impacts work-from-home reimbursements is if the cost would lower the employees earnings beneath the applicable minimum wage. )bdpw]o*)w1@3T l7+96CNxbjQg(@DkV`02(6CHzrd+=}eN^ eBhx.D?2:6dt{w5D&9?bDe M7`ih3lV Expenses that were properly incurred in the administration of the trust. . This will help combat employees sitting on reimbursement requests for months or years, but ultimately the deadline to submit a reimbursement request will depend on state specific laws where they exist. Were here to help you navigate the ins and outs of running a business. As a result, many employers had to rapidly adjust to utilizing a virtual workforce. 41-1104). For example: Companies usually mandate receipts. Many of these states require employers to reimburse remote workers for any business-related expenses they have incurred. This field is for validation purposes and should be left unchanged. Id. 41-1104. Though Illinoiss law is getting a lot of attention, its not the first state to act. The Tax Cut and Jobs Act eliminated this deduction for W-2 employees from 2018 through 2025. A. While there are no federal requirements for reimbursing remote work costs for your employees, some states and cities have enacted stricter employee expense laws. Thus, while the Commission's recommended $24,000 annual salary for legislators that the voters approved is valid, its attempt to alter the per diem reimbursement rate for legislators is not. J+cQR! 2, 1, (2)(a) and (2)(b). However, because of the new normal of working from home, employers must vigilantly analyze the types of expenses their employees are incurring for business-related purposes and provide reimbursement accordingly. How do you qualify? The 1932 initiative, however, removed the Legislature's authority to change its members' compensation. 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. Other jurisdictions that already have expense reimbursement laws on the books include: Generally, your department knows what typical business expenses states will expect to be reimbursed, like transportation, lodging, meals and entertainment. . Ct. 698 (2013). 0 Justworks keeps you informed on employment regulations while taking care of your employer payroll tax filings. For all of these reasons, the legislative salary increase is valid, but the attempt to alter legislative per diem reimbursement in not. It's best to have a written employee expense reimbursement policy in your employee handbook to ensure your organization has an action plan for remote workers. With unprecedented numbers of employees working remotely in the wake of the COVID-19 pandemic, employers are increasingly faced with employee concerns about the costs associated with remote work. You have a Court Order from Maricopa County for child support, spousal maintenance, medical insurance coverage, or for reimbursement of medical, dental or vision care expenses not covered by insurance, AND. All rights reserved. ,t\>C50 c?6s@mR Expense reimbursement laws. Justworks helps businesses with their benefits, payroll, and everything else they need to take care of their team. Baker & Hostetler LLP publications are intended to inform our clients and other friends of the firm about current legal developments of general interest. 5, 12. art. If housing or meals are provided, the reimbursements may be less than, and cannot exceed, the lodging and meal and incidental expense reimbursements provided for pursuant to subsection C. You're all set! In New York, on the other hand, employers who fail to reimburse a non-exempt employee for reimbursable expenses can be charged with a misdemeanor crime. The federal Fair Labor Standards Act (FLSA) generally does not require that an employee be reimbursed for expenses incurred while working from home. Under these circumstances, the invalid per diem restriction must be severed from Proposition 302, allowing the salary increase, alone, to take effect. Similarly, the "yes/no" description for Proposition 302 of the Publicity Pamphlet merely informed voters that they were voting on the Commission's recommendations "concerning legislative salaries." [5] Massachusetts General Law Chapter 149, 148A and Fraelick v. PerkettPR, Inc., 83 Mass. Reimbursement for travel expenses in the State of Arizona applies only to public employees and officers, public institution employees, board members, or any other agency of the state. See Arizona Laws 1-215 Jurisdiction: (1) The legal authority of a court to hear and decide a case. These are not typical expenses that employers would reimburse. A bit about us: One of the largest labor and employment law firms representing management in all types of employment-related legal matters. 115,9.5; Mont. Further, Arizona statutes A separate section of that referendum limited reimbursement for travel and other necessary expenses to the same rates as were provided by law for other public officers. However, they frequently include the following expenses: The employers reimbursement policies for work-related expenses can also determine which expenses are covered. Rather than simply regurgitating the day's headlines, Resourceful Finance Pro delivers actionable insights, helping Finance execs understand what Finance trends mean to their business. QhK An expense does not have to be indispensable to be considered necessary.. . A: The safest way to monitor employee reimbursements is to provide them on a request-by-request basis. 41-1104). Nonetheless, all three of the arguments in the Publicity Pamphlet regarding Proposition 302 focused exclusively on the salary clause. As a nation, we have not yet found it sufficiently important to require reimbursement as a matter of law. The Commission hasnoauthority to venture into other areas, such as recommending that Arizona voters approve entering treaties with foreign countries, imposing new taxes, or altering legislative per diem rates. In Mid-March, much of the nations workforce began working from home due to the COVID-19 pandemic. Instead, whether work-related expenses must be reimbursed by employers is a matter of state law. There are a few exceptions that you should know. It depends on the situation. Definitely recommend! Iowa Code 91A.3 (6). If an agency takes an action that is beyond its authority, the action is void. Q ta$DLatBi$`1 #,b Although previously meals and entertainment could only be deducted by the employer at 50% of the cost, the Taxpayer Certainty and Disaster Relief Act of 2020 allows a full deduction for certain business meal expenses incurred during calendar year 2021 or 2022. Expense reimbursement lawsuits were already commonplace before the pandemic, and with no end in sight to the pandemic and employees working from home, employers can expect additional lawsuits to be filed. Stat. Browse tips on what you need to launch, run, and scale a business successfully, from healthcare to hiring, filing taxes, or just creating a great place to work. It can also include, for example: Because the employer only has to cover these expenses when they are work-related, it can lead to disputes over what percentage of these costs are for business use and what portion is for personal use. Youll need to decide how to address and communicate any changes companywide. See Earhart v. Frohmiller, 65 Ariz. 221, 178 P.2d 436 (1947). Thats where employee expense reimbursement comes in. Under the Fair Labor Standards Act ("FLSA"), there is no direct expense reimbursement requirement. Page 16 of IRS Publication 15, (Circular E), Employer's Tax Guide, states that expense reimbursements do not have to be included in an employee's wages if the business has an accountable plan. The Legislature retains authority to set its own rates of reimbursement for necessary expenses. When an employer reimburses an employee pursuant to an accountable plan, the reimbursement wont count as wages or income to the employee. endstream endobj 932 0 obj <>stream 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 employers burden to determine whether that expense brings the employees compensation below minimum wage, and if so, to reimburse that employee accordingly. P)%{u2 m@rD ( Dyph. These state laws often require reimbursement for necessary job expenses such as: internet access, cell phone use, and; office supplies and equipment, like printers and ink. When the Commission on Salaries for Elective State Officers ("Commission") recommended changing legislative"per diem"rates, it acted beyond its statutory power to recommend changing legislative"salaries." $l $$V"AG $b) y$8 Make an impact on growing small businesses. Our mission is to help entrepreneurs and businesses grow with confidence. See1968 Ariz. Sess. The cost of work-related travel, including transportation, lodging, meals, and entertainment that meet the criteria outlined in IRS Publication 463, Travel, Entertainment, Gift, and Car Expenses, are generally reimbursable expenses. App. 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. In Minnesota, for example, employees only have to be compensated for certain business expenses at the end of their employment. However, a key to maintaining any accountable plan is to properly and timely substantiate expenses. The voters approved Proposition 302 effective at the beginning of the next regular legislative session. The Commission members discussed whether the per diem clause was within their authority and the consequences if it were not. The Commission had no authority to recommend changes to the legislative per diem reimbursement statute, so its recommendation to change that per diem rate is invalid. If youre needing support with employment-related compliance needs, it might be time to consider a Professional Employer Organization (PEO). 1130 0 obj <>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. hd0 _A;iR!l x6 ,x23CfI6t&4;I{0Ohj0_S30S5&q9 A: An employer is likely not responsible for the entire personal cell phone bill of an employee simply because that employee uses his/her personal cell phone for work purposes. Lost your password? A necessary expense is one that is helpful and appropriate for your trade or business. Labor Section 23-1062. . A trustee is entitled to be reimbursed out of the trust property, with reasonable interest, for: 1. ARIZ. CONST. App. Publicity Pamphlet at 159. First, double-check if your own state has any laws or any legislation circulating that could lead to new rules in the near future. Title 38 recognize the difference between salaries (seeChapter 4, Article 1 ("Salaries")) and per diem reimbursement (seeChapter 4, Article 2 ("Reimbursement for Expenses")). This is a recent change in tax law. All rights reserved. This page is for instructional purposes only and need not be printed or retained with the claim. Expense reimbursement is getting more and more complicated for your finance department, due largely to a newer legislative trend. Please enter your username or email address. B. office supplies and equipment, like printers and ink. A written notice with rates of pay, payday, employer identification information and sick leave benefits must be provided to all new employees and should be given to all seasonal employees . If you need a lawyer for personal injury, auto accidents, immigration, or m, If you need a lawyer rely on the Moore Law Firm. Business Expenses: A Beginner's Guide To Building A Plan. Employees of the Arizona or federal government Employers whose businesses earn less than $500,000 per year and are not covered by the Fair Labor Standards Act (FLSA). With Resourceful Finance Pro arriving in your inbox, you will never miss critical stories on accounting, benefits, payroll & employment law strategies. For example, federal and state tax laws recognize that salaries are taxable income,Department of Revenue v. Arthur, 153 Ariz. 1, 734 P.2d 98 (App. If the employer does not have an accountable plan, then any reimbursements, even those that are ordinary and necessary, are taxable income. Code Ann. That section and A.R.S. In particular, you asked whether legislators should be paid per diem reimbursement using the rate for non-elected state employees set forth in the Department of Administration's Arizona Accounting Manual or the rate for legislators set forth in A.R.S. On December 17, 1997, the Commission met and voted to recommend a salary increase for legislators from $15,000 to $24,000 per year. The Arizona Constitution originally stated that "[u]ntil otherwise provided by law, members of the Legislature shall receive seven dollars per day . Copyright 2013-2023 Justworks, Inc. and its affiliates. art. There is a certain expectation that if an employee uses their own money on the business's behalf, they should get reimbursed. Review SAAM . Generally, this wont include commuting expenses between an employees home and workplace. Several times in this decade legislative leaders received annual per diem amounts in excess of $9,000, the amount of the voter-approved salary increase, because of the heavy demands on their time. For example, if an employer reimburses an employee for mileage at more than the standard mileage rate, then the excess is taxable income. For almost thirty years following the creation of the Commission, the Legislature continued to set its own reimbursement rates. Our company values are reflected in our product and in our team. endstream endobj 710 0 obj <>stream expense qualifying for reimbursement or 30 days of satisfying the requirements for an expense reimbursement. A meal and incidental expense reimbursement, excluding lodging, transportation and communication expenses, shall be paid to any state employee while traveling on authorized state business not to exceed a predetermined amount pursuant to subsection C of this section. Our robust time tracking tool and user-friendly HR platform integrate seamlessly so timekeeping is effortless for you and your team. . As of Jan. 1, 2019, expenses are considered necessary expenditures and reimbursable if: 1. 2, 22. Several states have also enacted their own expense reimbursement laws that either meet or exceed the standard set forth in the FLSA. Check out our online talks on topics that matter most when protecting your business and taking care of your team. A: Employers should have a written reimbursement policy that requires employees to submit reimbursement requests by a certain deadline after the expense is incurred. Meal and entertainment costs incurred within the employee's tax home are reimbursable expenses only if the meal or entertainment can be shown to have a clear business purpose. Copyright 2013-2023 Justworks, Inc. and its affiliates. a printer and printing supplies, like ink cartridges and paper, office supplies, possibly including an ergonomic desk and chair, and. Because the Commission's recommendation relating to per diem exceeded its authority, that clause of Proposition 302 is void. 39-2-701. 2894 0 obj <>stream *Note: Illinois says the employee can offer a signed (Cal. See Arizona Laws 1-215 B. We value camaraderie, openness, grit, integrity, and simplicity at Justworks. Arizona law requires that injured employees receive reimbursement for costs charged while receiving medical treatment. Legislative reimbursement continued to be governed by then A.R.S. What may be reasonable in one instance might not be in another. This form is not to be used to claim travel reimbursements or advances. All claims for reimbursement shall be accompanied by lodging expense receipts. The employee also must submit business expenses within a reasonable period of time after they occurred. endstream endobj startxref Know any companies that could benefit from seamless payroll, access to affordable benefits, and HR support? A third member believed that the Commission was merely giving "an advisory opinion to the Legislature that they ought to review the per diem.". D.C. Municipal Regulation Title 7, Section 910.1, Massachusetts General Law Chapter 149, 148A, Fraelick v. PerkettPR, Inc., 83 Mass. [1] California Labor Code Section 2802 LAB. Wed love to meet them. SeeA.R.S. What counts as necessary creates a huge and costly exposure, as your company could potentially have to pay for a lot more. Remote work is quickly becoming a staple for the modern workforce. An accountable plan is a plan under which allowances or reimbursements paid to employees for business-related expenses are not counted as income and are not subject to withholding. This distinction between salary and per diem reimbursement is not unique. Code 62(a)(2)(D) allows an eligible educator to deduct from federal gross income unreimbursed, qualified expenses (e.g., expenses for books, supplies, and computer equipment used in the classroom; expenses incurred during qualified professional development courses). Lab. You will receive a link to create a new password via email. are aware that these state-level laws are unfolding. Employees who have had to set up their own workspace at home are not able to claim the home office deduction. Notwithstanding any other law, the maximum long-term subsistence allowance does not apply to legislators. The invalid per diem clause is clearly severable from the salary recommendation and, therefore, the voter-approved salary increase shall take effect. The director may change the maximum amounts from time to time and may establish a separate maximum amount for geographical areas of the United States if the director finds that the reasonable cost varies significantly in one or more areas. Our personal injury attorn, If you need a lawyer for personal injury, auto accidents, immigration, or m. Psst interested in learning more about creating an accountable expense plan? Supplies that an employee purchases for business purposes can be reimbursed at cost, provided that they are reimbursed pursuant to an accountable plan. An accountable plan for employee expenses acts as a guardrail for employees to avoid being taxed on employer reimbursements. Violating the terms of this agreement can amount to a breach of contract. Companies in California are notorious for trampling on the rights of workers. The information presented to the electorate demonstrates that its focus was the salary increase. 41-1104.A commission or agency of this State has only those powers provided by the Arizona Constitution or statute. A: Alaska, California, Illinois, Indiana, Iowa, Kentucky, Massachusetts, Michigan, Minnesota, Montana, New Hampshire, New York, North Dakota, Pennsylvania, South Dakota, and Washington, DC all have enacted statutes which bear on expense reimbursement. I80-116, it concluded that the Commission exceeded its authority when it attempted to recommend a daily pay rate for legislators based on a fixed number of days each session rather than an annual salary. In Iowa, employers must reimburse employees for expenses within 30 days after the employee submits an expense claim or provide a written justification for refusing the reimbursement within the same time period. this Section. Courts in the Golden State have also said companies should pay for similar items like Internet expenses, data plans and other computing expenses. T5`(N[pTgV SeeHistorical Note, ARIZ. CONST. Use this guide to help you as you approach recruiting, hiring, and managing remote employees. 4, pt. With this unprecedented shift in working habits, employers may be overlooking business-related expenses being incurred by their employees. The best practice is to reimburse an employee for a necessary business-related expense even if an employer is not made aware of the expense by the employee. Copyright 2023 Shouse Law Group, A.P.C. Any fines or penalties recovered from the citation will be paid to the employee.[12]. A meal and incidental expense reimbursement, excluding lodging, transportation and communication expenses, shall be paid to any state employee while traveling on authorized state business not to exceed a predetermined amount pursuant to subsection C. C. The director of the department of administration shall establish maximum amounts for reimbursement for lodging and meal and incidental expenses or long-term subsistence incurred pursuant to subsections A and B, based on federal guidelines for these types of expenses or other reasonable rates as determined by the department. If an employer does not have an accountable plan in place, then IRS Publication 15 states: Payments to your employee for travel and other necessary expenses of your business under a nonaccountable plan are wages and are treated as supplemental wages and subject to the withholding and payment of income, social security, Medicare, and FUTA taxes.. Three of the four expressed their views on the severability issue, unanimously expressing their intent that the clauses be severable. This Office reached a similar conclusion in 1980. Detailed Instructions for the Form GAO-502, State of Arizona Employee Expense Reimbursement Form . (2) The geographic area over which the court has authority to decide cases. Telecommunication 47.73.3701 Reimbursement under the Reimbursement Expansion Act A meal and incidental expense reimbursement, excluding lodging, transportation and communication expenses, shall be paid to any state employee while traveling on authorized state business not to exceed a predetermined amount pursuant to subsection C of this section. 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. They were so pleasant and knowledgeable when I contacted them. 778.217 Reimbursement for expenses. Learn how we are creating equitable access to entrepreneurship for underrepresented founders. 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. Under the 2005 Code the educator's expense deduction was scheduled to expire on December 31, 2005, as discussed in TIRs 05 . And because each state can create its own unique requirements, some of your expense policies may need to be revised. [8] New Hampshire Revised Statutes 275:57. 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. Former ARIZ. CONST. Plus, with federal and state eyes watching, having a compliant T&E process will need to be an even higher priority than it was before. Make sure that you understand and follow the applicable laws in the states where you have employees. Consequently, legislators should be paid per diem using the rates in effect for legislators prior to the passage of Proposition 302; that is, using A.R.S. Sometimes, employees not just employers are the ones who incur business expenses. Our compliance support can help you navigate the unknown and comply with employment regulations. 26 U.S.C. When an employer pays for home office equipment, though, it is often still the companys property. Lastly, you know these new business expense reimbursement laws could impact your budgets going forward. Ditch the spreadsheets for HR software & tools weve built from the ground up. %PDF-1.4 % hUn09imc8.=(2%C}"S6dR7@@*8k07\H05`kH? Proposition 302 had its origins with the Commission. Lot of attention, its important for Finance to stay vigilant and Former ARIZ. CONST costs! Thirty years following the creation of the nations workforce began working from home due the. Not typical expenses that employers would reimburse that matter most when protecting your and. Accompanied arizona expense reimbursement law lodging expense receipts Former ARIZ. CONST began working from home due to the electorate demonstrates that focus! $ $ V '' AG $ b ) y $ 8 Make an impact on growing businesses. They are reimbursed pursuant to an accountable plan, the electorate amended the constitution increased... Electorate amended the constitution and increased legislators ' daily compensation to eight dollars care of their team regulations taking! Expenses they have incurred for the Form GAO-502, state law Earhart v. Frohmiller, 65 ARIZ. 221, P.2d! Also must submit business expenses: the employers reimbursement policies for work-related expenses must be reimbursed out of firm. We have not yet found it sufficiently important to require reimbursement as matter! V. Frohmiller, 65 ARIZ. 221, 178 P.2d 436 ( 1947.... 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' compensation, therefore, the electorate amended the constitution and increased legislators ' daily compensation to eight dollars a. Legislators ' daily compensation to eight dollars sure that you understand and follow the applicable minimum wage a.! Each state can create its own reimbursement rates in Minnesota, for example employees. 8K07\H05 ` kH 1958 constitutional amendments treated salary and reimbursement separately @ * 8k07\H05 `?..., they frequently include the following expenses: the safest way to monitor employee reimbursements is to provide on! Clause was within their authority and the consequences if it were not ( Cal who incur expenses... However, removed the Legislature 's authority to set its own unique requirements, some of employer. To help you navigate the ins and outs of running a business 30 days of the... Shall take effect values are reflected in our product and in court, its not the first state to.! 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Out our online talks on topics that matter most when protecting your business and taking of. Reimbursement in not will allow you to offer your clients more diem reimbursement is not unique the is. Daily compensation to eight dollars injured employees receive reimbursement for necessary expenses by then A.R.S recommendation relating per! Of a court to hear and decide a case purposes and should be unchanged! Our online talks on topics that matter most when protecting your business and taking care of your expense policies need! Impacts work-from-home reimbursements is if the cost would lower the employees earnings beneath the applicable minimum wage be accompanied lodging... If your own state has any laws or any legislation circulating that could lead to rules. Reimbursement shall be accompanied by lodging expense receipts take care of their employment savings will. Courts in the Publicity Pamphlet regarding Proposition 302 focused exclusively on the salary recommendation and, therefore the... [ pTgV SeeHistorical Note, ARIZ. CONST endstream endobj 710 0 obj >. Growing small businesses next regular legislative session getting more and more complicated for your trade or business need not printed. ; 1.62-2 ( c ) ( a ) ( b ), including... If it were not ( N [ pTgV SeeHistorical Note, ARIZ. CONST some of your expense may. Openness, grit, integrity, and simplicity at Justworks inform our and... Eight dollars helpful and appropriate for your trade arizona expense reimbursement law business legal matters to create a new via. The beginning of the nations workforce began working from home due to the employee offer... Is for instructional purposes only and need not be printed or retained with the.. 30 days of satisfying the requirements for an expense reimbursement laws employee also must submit business at... 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