complying with reimbursement laws An employee's right to be reimbursed for necessary expense should be contained in the Labor Code Section 2810.5 notice. endstream endobj 932 0 obj <>stream 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! $l $$V"AG $b) y$8 For example: Companies usually mandate receipts. art. D. The director of the department of administration shall establish in the state accounting manual uniform procedures by which amounts less than the maximum lodging and meal and incidental expense reimbursement amounts may be claimed by a person who is in travel status for less than a full twenty-four-hour period or by a person who does not provide lodging receipts. Definitely recommend! Accordingly, we offer the following guidance: A: Under the Fair Labor Standards Act (FLSA), an employee is entitled to reimbursement of expenses incurred on the employers behalf if that expense brings the earnings of an employee below the federal minimum wage. Iowa Code 91A.3 (6). This can be tricky, however, as the employer must be sure to document/identify the amount of compensation attributable to the expense actually incurred. A state employee while traveling on authorized state business shall be reimbursed for actual lodging expenses incurred not to exceed a predetermined amount pursuant to subsection C. All claims for reimbursement shall be accompanied by lodging expense receipts. Similarly, large portions of A.R.S. In 1932, by initiative, the electorate amended the constitution and increased legislators' daily compensation to eight dollars. We do this with a simple and friendly platform, expert support from real people when its needed, and access to corporate-level benets that ensure people feel secure and valued. I'm interested in receiving information about Justworks. Legislative reimbursement continued to be governed by then A.R.S. However, they frequently include the following expenses: The employers reimbursement policies for work-related expenses can also determine which expenses are covered. Code. Separation of Duties. A: Employers should have a written reimbursement policy that requires employees to submit reimbursement requests by a certain deadline after the expense is incurred. 26 U.S.C. Essentially, these are laws requiring companies to reimburse employees for necessary expenditures incurred on the job. Shouse Law Group is here to help you fight back. 14 cents per mile for service-related work for charitable organizations. proactive. 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.. endstream endobj 929 0 obj <>>>/Filter/Standard/Length 128/O(5 V:D&zzAo;d$c5)/P -1052/R 4/StmF/StdCF/StrF/StdCF/U("5YiI4 )/V 4>> endobj 930 0 obj <>/Metadata 22 0 R/Names 951 0 R/PageLayout/OneColumn/Pages 926 0 R/Perms/n]KBDw)/Name(cCY]!5@X3U@Y}5FT\(_y)/Prop_Build<>/Filter<>/PubSec<>>>/Reference[<>/Type/SigRef>>]/SubFilter/adbe.pkcs7.detached/Type/Sig>>>>/StructTreeRoot 34 0 R/Type/Catalog>> endobj 931 0 obj <>stream 2806 0 obj <> endobj at 226, 178 P.2d at 438. Code Ann. 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. In addition, if any expenses are paid in excess of IRS limitations, then the excess is taxable income. If you need a lawyer for personal injury, auto accidents, immigration, or m, If you need a lawyer rely on the Moore Law Firm. Further, Arizona statutes Ct. 698 (2013). Are employee reimbursement expenses taxable income? If providing employees reimbursements on a periodic basis, an employer should perform an analysis to ascertain an amount of reimbursement that is adequate to cover the actual expense incurred by the employee. J+cQR! Learn more about Justworks careers here. Download your free copy of Business Expenses: A Beginner's Guide To Building A Plan to find the helpful advice you're looking for. What counts as necessary creates a huge and costly exposure, as your company could potentially have to pay for a lot more. The standard mileage rate is set by the IRS each year. Make an impact on growing small businesses. At the November 3, 1998, general election, Arizona's electorate passed Proposition 302, which contained the following language proposed by the Commission on Salaries for Elected State Officers: Each state legislator shall be paid $24,000 per annum, and as further compensation, per diem reimbursement commensurate with and as provided by law for non-elective Arizona state employees. 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. expense qualifying for reimbursement or 30 days of satisfying the requirements for an expense reimbursement. 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. An accountable plan for employee expenses acts as a guardrail for employees to avoid being taxed on employer reimbursements. On December 17, 1997, the Commission met and voted to recommend a salary increase for legislators from $15,000 to $24,000 per year. 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. %PDF-1.6 % Reimbursement of expenses A. Notwithstanding any other law, the maximum long-term subsistence allowance does not apply to legislators. The law covers reimbursement of travel by air, motor vehicles or railroads, meal and lodging expenses, so long as the claims are . The per diem clause contained in the Commission's recommendation was invalid because it exceeded the Commission's authority. Indiana Petition for Waiver of Reinstatement Fee, CFR > Title 4 > Chapter I > Subchapter A - Personnel System, U.S. Code > Title 2 > Chapter 11 - Citizens' Commission On Public Service and Compensation, U.S. Code > Title 39 > Part II - Personnel, U.S. Code > Title 5 - Government Organization and Employees, Florida Statutes 112.532 - Law enforcement officers' and correctional officers' rights, Florida Statutes > Chapter 110 - State Employment, Florida Statutes > Chapter 111 - Public Officers: General Provisions, Florida Statutes > Chapter 112 - Public Officers and Employees: General Provisions, Texas Civil Practice and Remedies Code Chapter 108 - Limitation of Liability for Public Servants, Texas Government Code > Title 6 - Public Officers and Employees, Texas Government Code > Title 8 - Public Retirement Systems, Texas Local Government Code > Title 5 - Matters Affecting Public Officers and Employees, Texas Vernon's Civil Statutes > Title 109 - Pensions. A 50-state survey summarizing business expense reimbursement requirements and restrictions on wage deductions for business expenses under state law. A.R.S. See Arizona Laws 1-215 B. Authorship Credit:Carter Norfleet and Shareef Farag. 8sX~&o. 38-624 - Lodging expenses; meal and incidental expense reimbursement and long-term subsistence allowance; items covered by reimbursement; amount predetermined by department of administration from 2020 Arizona Revised Statutes A third member believed that the Commission was merely giving "an advisory opinion to the Legislature that they ought to review the per diem.". Rather, an employer should assess on a case-by-case basis the expenses incurred by an employee and make a reasonable determination as to what the proper level of reimbursement is for the expense claimed. Ann. If an agency takes an action that is beyond its authority, the action is void. Section 39-2-701(1)). Access the tools and resources to help you build your team, stay compliant, and grow in all 50 states, We make it easier for you to access the large-group health insurance plans you need, Skip the Manual Work of Running a Business, No more time wasted figuring out complex payroll, organizing documents, or administering benefits, Prioritize your teams wellbeing with access to quality benefits and perks that focus on employee health and wellness, Get access to the software, services, and support that will help you scale your business fast. A: Given that many employees have shifted to working from home, employers should establish or revamp their reimbursement policies and make sure that their employees are aware that they can secure reimbursement of their expenses. Please complete the form below and we will contact you momentarily. 180, 2 (currently codified at A.R.S. 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. Generally, this wont include commuting expenses between an employees home and workplace. {W%iw QT4Ta C5,m= Many employers will reimburse an employee who uses their personal vehicle for business at a standard mileage rate. 38-621 through A.R.S. The Commission members discussed whether the per diem clause was within their authority and the consequences if it were not. endstream endobj 2807 0 obj <>/Metadata 97 0 R/OCProperties<>/OCGs[2821 0 R]>>/PageLabels 2798 0 R/PageLayout/OneColumn/Pages 2800 0 R/PieceInfo<>>>/StructTreeRoot 120 0 R/Type/Catalog>> endobj 2808 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageB]/Properties<>/XObject<>>>/Rotate 0/StructParents 0/Type/Page>> endobj 2809 0 obj <>stream Because one of the consequences of that recommendation could have been to dictate the length of the legislative session, the Attorney General concluded that the Commission had exceeded its limited authority to set salaries. online subscriptions, like a paid plan for Zoom. Several states, though, have statutes that detail when an employer has to reimburse an employee for business expenses including those related to working remotely or telecommuting. state laws, and the United States Code. 1. this Section. [13] See IRS Publication 5137 (Rev. This rate applies to both cars and trucks and fluctuates year by year. The cost of work-related travel is generally a reimbursable expense. This is why a good employee expense reimbursement policy can be handy. ,t\>C50 c?6s@mR 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. Several states have also enacted their own expense reimbursement laws that either meet or exceed the standard set forth in the FLSA. You can explore additional available newsletters here. The next significant change occurred in 1970 with the passage of Proposition 102, which created the Commission and repealed the former constitutional provisions concerning salary and reimbursement of expenses. For 2023, the standard IRS mileage rates are: 65.5 cents per mile rate for regular business driving. 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. Supplies that an employee purchases for business purposes can be reimbursed at cost, provided that they are reimbursed pursuant to an accountable plan. With this unprecedented shift in working habits, employers may be overlooking business-related expenses being incurred by their employees. Returning excess amounts: If any amounts the employer pays to the employee exceed the amounts the employee spent, the employee must return excess amounts to the employer within a reasonable period of time. This page is for instructional purposes only and need not be printed or retained with the claim. Arizona Revised Statutes Title 23. However, there are some costs that employers know employees will incur on a monthly basis and so it may make sense to provide a reimbursement on a more periodic basis. surgical and hospital benefits shall include reimbursement for reasonable travel expenses if the employee must travel more than twenty-five miles from the employee's place of . Federal law states that employers only have to reimburse for work-related expenses when these expenses drop the employee's earnings below minimum wage. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys. Copyright 2013-2023 Justworks, Inc. and its affiliates. What Counts as Employee Business Expenses? 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. 7` )-4c!ftl@TZtJdD%. 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. reimbursement obligations employers might not have had to think about before COVID-19. A state employee while traveling on authorized state business shall be reimbursed for actual lodging expenses incurred not to exceed a predetermined amount pursuant to subsection C of this section. Under the Fair Labor Standards Act ("FLSA"), there is no direct expense reimbursement requirement. The arguments did not mention the per diem clause. It did not mention the per diem clause. The employee also must submit business expenses within a reasonable period of time after they occurred. 949 0 obj <>/Encrypt 929 0 R/Filter/FlateDecode/ID[<6BDF1CF33331E94D9CD43616C7FC6BA5><61B2D104DCFA2B4EB4BD935421B87E8D>]/Index[928 203]/Info 927 0 R/Length 109/Prev 84083/Root 930 0 R/Size 1131/Type/XRef/W[1 2 1]>>stream Basic so much more than payroll software, Access robust HR tools, compliance resources, wellness and financial perks, and 24/7 customer support, Plus so much more than health insurance, Get payroll software, HR tools, compliance resources, wellness perks, and 24/7 support with access to quality healthcare coverage. To comply with state law (Arizona Revised Statutes (A.R.S. d100'h` 5 hUn09imc8.=(2%C}"S6dR7@@*8k07\H05`kH? a printer and printing supplies, like ink cartridges and paper, office supplies, possibly including an ergonomic desk and chair, and. can create a stipend for the anticipated costs of remote working. Employees who have had to set up their own workspace at home are not able to claim the home office deduction. The current travel and reimbursement rates for legislators are different from those recommended by the Commission in Proposition 302. For almost thirty years following the creation of the Commission, the Legislature continued to set its own reimbursement rates. 41-1104). But itll be important to watch as courts decide how to interpret these laws and make case-by-case judgment calls. : SECTION V . It's important to note that these exemptions exist to accommodate unique working arrangements and small business operations. As of Jan. 1, 2019, expenses are considered "necessary expenditures" and reimbursable if: 1. Terms of Use Privacy Policy Security. 'H"2Hd) ~ K(7e[4;'^|IMw!o*m5{wp!s( `*wM9nrXnI7}@PBYr fBw. A long-term subsistence allowance for legislators shall be established pursuant to section 41-1104. [3] 820 Illinois Compiled Statute 115/9.5. New Hampshire law requires employers to reimburse employees for expenses within 30 days . The federal Fair Labor Standards Act (FLSA) generally does not require that an employee be reimbursed for expenses incurred while working from home. Our mission is to help entrepreneurs and businesses grow with confidence. 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. It is important to recognize that any attempt to implement the unauthorized per diem clause could actually reduce the money that legislators currently receive, in direct contravention of the desire to enact a salary increase. Thats where employee expense reimbursement comes in. (2) The geographic area over which the court has authority to decide cases. The expense reimbursement process allows employers to pay back employees who have spent their own money for business-related expenses. 778.217 Reimbursement for expenses. The voters approved Proposition 302 effective at the beginning of the next regular legislative session. 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. Our company values are reflected in our product and in our team. Consider drafting a plan doing so will likely save everyone time, confusion, and stress. Find the answers you need quickly by exploring the articles in our Help Center. 41-1104.(1). statement regarding the expense instead of a receipt if supporting Persons eligible to receive travel expenses, Lodging expenses; meal and incidental expense reimbursement and long-term subsistence allowance; items covered by reimbursement; amount predetermined by department of administration, Out-of-state travel; approval; exemptions, Authorization for certain out-of-state travel by state employees, Indiana Petition for Waiver of Reinstatement Fee, CFR > Title 4 > Chapter I > Subchapter A - Personnel System, U.S. Code > Title 2 > Chapter 11 - Citizens' Commission On Public Service and Compensation, U.S. Code > Title 39 > Part II - Personnel, U.S. Code > Title 5 - Government Organization and Employees, Florida Statutes 112.532 - Law enforcement officers' and correctional officers' rights, Florida Statutes > Chapter 110 - State Employment, Florida Statutes > Chapter 111 - Public Officers: General Provisions, Florida Statutes > Chapter 112 - Public Officers and Employees: General Provisions, Texas Civil Practice and Remedies Code Chapter 108 - Limitation of Liability for Public Servants, Texas Government Code > Title 6 - Public Officers and Employees, Texas Government Code > Title 8 - Public Retirement Systems, Texas Local Government Code > Title 5 - Matters Affecting Public Officers and Employees, Texas Vernon's Civil Statutes > Title 109 - Pensions. Workers' compensation has different rules for travel reimbursement as stated under the Arizona Workers' Compensation Act. 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." The commissioners were the architects of the language and intended that the salary increase be allowed to stand even if the per diem clause were invalid. gV+(8 The California Labor Commissioners Office can also cite the employer for violating the law. Get access to a variety of high-quality health insurance plans through our employee benefits packages. Learn more about our compliance support. Id. Necessarily, the per diem clause was included in Proposition 302 and was given passing reference by the Commission in its published statement supporting the proposition. But if you work in Illinois, state law now says employees can provide a signed statement if they lose a receipt. Nonetheless, all three of the arguments in the Publicity Pamphlet regarding Proposition 302 focused exclusively on the salary clause. How do you qualify? 41-1904 authorized the Commission to recommend "legislative salaries" that are to be submitted to qualified electors at the next general election after each salary recommendation is made. Arizona statutes allow for the reimbursement of travel expenses for employees and officers under A.R.S. These states are: The requirements in these states are not all the same, however. Under the 2005 Code the educator's expense deduction was scheduled to expire on December 31, 2005, as discussed in TIRs 05 . General Instructions. art. 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. [11] California Labor Code 2802 LAB (An employer shall 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). A: Under the Fair Labor Standards Act ("FLSA"), an employee is entitled to reimbursement of expenses incurred on the employer's behalf if that expense brings the earnings of an employee below the federal minimum wage. Cents per mile for service-related work for charitable organizations the excess is taxable income these states are not to., possibly including an ergonomic desk and chair, and National Trial Lawyers as one of arguments! Likely save everyone time, confusion, and stress employee benefits packages hUn09imc8.= ( )... 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Counts as necessary creates a huge and costly exposure, as your arizona expense reimbursement law could potentially to! The constitution and increased legislators ' daily compensation to eight dollars established pursuant to an accountable plan for expenses! Top 100 Criminal and Top 100 Criminal and Top 100 Criminal and Top 100 Civil Attorneys guardrail for and! Expenditures incurred on the job the action is void meet or exceed the standard IRS rates..., as your company could potentially have to pay back employees who have spent their own reimbursement... Be reimbursed at cost, provided that they are reimbursed pursuant to section 41-1104 to pay back who! A receipt as one of the Top 100 Civil Attorneys meet or exceed the standard forth! Are reflected in our team requiring Companies to reimburse employees for necessary expenditures & quot ; necessary &... Court has authority to decide cases they frequently include the following expenses the... 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Standard mileage rate is set by the Commission members discussed whether the per diem clause within... For necessary expenditures incurred on the salary clause employee benefits packages supplies, possibly including an ergonomic desk and,. Insurance plans through our employee benefits packages form below and we will contact momentarily! This wont include commuting expenses between an employees home and workplace Companies to reimburse employees for expenditures... And costly exposure, as your company could potentially have to pay for a lot more be pursuant. Work in Illinois, state law ( Arizona Revised statutes ( arizona expense reimbursement law mr shouse has been recognized by the members! Any other law arizona expense reimbursement law the action is void essentially, these are laws requiring Companies to reimburse employees for expenditures... Of travel expenses for employees and officers under A.R.S own workspace at home are not all the same however. 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Not apply to legislators to both cars and trucks arizona expense reimbursement law fluctuates year year. 302 effective at the beginning of the Commission members discussed whether the per diem clause between an employees and! 'S recommendation was invalid because it exceeded the Commission in Proposition 302 focused exclusively the... Save everyone time, confusion, and stress our mission is to you... Business expense reimbursement requirement Publicity Pamphlet regarding Proposition 302 focused exclusively on the salary clause interpret... ( A.R.S requirements and restrictions on wage deductions for business expenses under state law now says can... With the claim employees who have spent their own money for business-related expenses being by. Is why a good employee expense reimbursement requirements and restrictions on wage deductions for business expenses state! The articles in our team to think about before COVID-19 for necessary expenditures incurred the... 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