For example: Companies usually mandate receipts. As states continue to address expense reimbursement in Sometimes, this requirement is explicit; other times, the law can be interpreted to require the reimbursement of business expenses. The following chart summarizes state and local requirements regarding general indemnification for employees' business expenses. (2) A reimbursement … Illinois was the newest addition this year. Your browser does not allow automatic adding of bookmarks. Other states, such as Illinois, Montana, New Hampshire, North Dakota, and South Dakota, have reimbursement laws similar to California, and the law in some states is a bit vague. A request by a State approving agency for reimbursement under the law will be subject to the requirements of 41 CFR 8-7.5101-8 as to “Equal Opportunity”. There is no federal requirement to reimburse employees for business-related expenses. You’ll need to decide how to address and communicate any changes companywide. If they live in California, … The materials and information included in the XpertHR service are provided for reference purposes only. Use of the service is subject to our terms and conditions. The rest is up to states and individual employers. proactive. Federal law requires reimbursement only when required expenses push a worker’s earnings below minimum wage. New York 6. Such expenses can include office supplies, cell phone and Wi-Fi service, printer and printing supplies and other equipment. Employee Expense Reimbursement > 4. *Note: Illinois says the employee can offer a signed California and five other states have enacted expense-reimbursement statutes. 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. California’s Labor Code Section 2802 normally requires employers to reimburse employees for “reasonable” and “necessary” expenses incurred while performing their job duties. Prior to the amendment, expense reimbursements were not addressed in the IWPCA and its regulations. Though Illinois’s law is getting a lot of attention, it’s not the first state to act. Current State Laws & Reimbursement Policies Search by Filter Lost your password? Please enter your username or email address. Reimbursement for the cost of transportation shall not be certified to the Comptroller for payment by state agencies in excess of the reimbursement allowed in § 2.2-2823 except in an emergency or, when in the interest of the Commonwealth, a greater expense is justified, the facts in each such instance to be stated in the expense … However, some states have their own laws surrounding expense reimbursement. Expense reimbursement is getting more and more complicated for your finance department, due largely to a newer legislative trend. Montana 5. Other states, including Illinois, Iowa, Montana, New Hampshire and South Dakota, have enacted laws which may require reimbursement of employee expenses, although case law in these states is not as … What counts as “necessary” creates a huge and costly exposure, as your company could potentially have to pay for a lot more. documentation doesn’t exist, is missing or is lost. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Employers should be aware that federal and state laws have different rules regarding reimbursement for expenses incurred by employees with remote work arrangements. But if you work in Illinois, state law now says employees can provide “a signed statement” if they lose a receipt. Please press Ctrl/Command + D to add a bookmark manually. In instances where the state has made policies permanent, CCHP has incorporated those policies into this interactive map tool. Can I file a lawsuit to get unpaid travel expenses reimbursed in California? Finally! This field is for validation purposes and should be left unchanged. that are reasonably incurred in accordance with job responsibilities. It’s also a good idea to make sure others involved in T&E (your A/P staffers, expense report approvers, etc.) Expense retorts: … Related issues are covered elsewhere, including: When employees work remotely, an employer may wish to use a Telecommuting Policy to establish expectations around the reimbursement of certain business-related expenses such as phone calls, shipping costs, etc. Exempt, excluded, and represented state employees may be eligible for the reimbursement of authorized out-of-pocket expenses that are reasonably, actually, and necessarily incurred as a result of conducting state business. The request will be accompanied by the proposed plan of operation and the specific duties and responsibilities of all personnel for which reimbursement of salaries and travel expense … Sometimes, this requirement is explicit; other times, the law can be interpreted to require the reimbursement of business expenses. However, unlike the Illinois law, California law does not enable employers to maintain parameters of expense … 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. Copyright © 2020 LexisNexis Risk Solutions Group, Permitted and Prohibited Pay Deductions by State and Municipality, The definition of wages, including whether reimbursement for expenses is considered a wage and/or a benefit (, Employment laws such as the Americans with Disabilities Act (ADA), which may require employers to reimburse employees for certain expenses if they are a reasonable accommodation (. Discover the power of XpertHR employment law guidance and best practice at your fingertips with a free trial. XpertHR is part of the LexisNexis® Risk Solutions Group portfolio of brands. 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