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. 4, pt. There are a few exceptions that you should know. 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.. Because this only protects workers whose income is fairly close to the minimum wage, the FLSA is rarely implicated in reimbursements for work-related expenses. 2, 1. This Office reached a similar conclusion in 1980. See Earhart v. Frohmiller, 65 Ariz. 221, 178 P.2d 436 (1947). Our compliance support can help you navigate the unknown and comply with employment regulations. 7` )-4c!ftl@TZtJdD%. home utilities, like heat and air conditioning. The federal Fair Labor Standards Act (FLSA) generally does not require that an employee be reimbursed for expenses incurred while working from home. hYmo6z( $iXmA?xz9>6R./F1eQ#) F%L0Fh\"@&2"``g*BJhDiZXb What counts as necessary creates a huge and costly exposure, as your company could potentially have to pay for a lot more. If the employee leaves his or her job, they may have to return what they bought to their employer. Those expenses can further get defined as expenses . Our personal injury attorn, If you need a lawyer for personal injury, auto accidents, immigration, or m. (2) The geographic area over which the court has authority to decide cases. Remote work is quickly becoming a staple for the modern workforce. A: Employers should have a written reimbursement policy that requires employees to submit reimbursement requests by a certain deadline after the expense is incurred. Similarly, large portions of A.R.S. Id. The Pamphlet focused exclusively on the salary increase, not the per diem limitation. The employee submitted the expense for reimbursement with proper supporting documentation* (i.e., a receipt) within 30 calendar days of when it was incurred. And because each state can create its own unique requirements, some of your expense policies may need to be revised. There is a certain expectation that if an employee uses their own money on the business's behalf, they should get reimbursed. 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. Magma Copper Co. v. Arizona State Tax Comm'n, 67 Ariz. 77, 86-87, 191 P.2d 169, 175 (1948). art. These are not typical expenses that employers would reimburse. 41-1104). Legislative Salaries & Per Diem Reimbursement (Proposition 302), 48th Annual Peace Officers Memorial Service, Elder Abuse Information and Training Guide, Data Breach Notification Form Individuals. A.R.S. It did not mention the per diem clause. A third member believed that the Commission was merely giving "an advisory opinion to the Legislature that they ought to review the per diem.". As if IRS regulations werent enough to keep up with, some states are adding their own expense reimbursement laws that your staffers will have to comply with, too. Id. Please complete the form below and we will contact you momentarily. art. Further, Arizona statutes Labor Section 23-1062. . 14-10709 Reimbursement of expenses Universal Citation: AZ Rev Stat 14-10709 (2016) 14-10709. : SECTION V . 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. Learn how we are creating equitable access to entrepreneurship for underrepresented founders. Minimum wage regulations apply only to employees. Essentially, these are laws requiring companies to reimburse employees for necessary expenditures incurred on the job. 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. Were here to help you navigate the ins and outs of running a business. For example: Companies usually mandate receipts. Expenses that were properly incurred in the administration of the trust. 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 If the employer fails to pay these reimbursements, the employee can file a wage and hour lawsuit. Monthly tips on running a business in your inbox. Salary: $150,000 - $220,000 per year. When employees receive an expense reimbursement, typically they won't be required to report such payments as wages or income. C. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, legal or tax advice. 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. 41-1104. of A. The only evidence of the electorate's intent is the language of the 1998 Publicity Pamphlet prepared by the Secretary of State. 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. art. Some states (like California, Illinois, and Montana) have more robust reimbursement laws in that employers are required to reimburse employees for all necessary expenditures or losses or business expenses incurred by the employee in direct consequence or discharge of his or her duties. 928 0 obj <> endobj An employer will want to maintain records as to reimbursements made to employees and the rationale behind those reimbursement amounts. art. When an employer pays for home office equipment, though, it is often still the companys property. [5] Massachusetts General Law Chapter 149, 148A and Fraelick v. PerkettPR, Inc., 83 Mass. 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. art. Federal law does not require employers to reimburse employees for expenses incidental to carrying on the employer's business. 38-624. Code. Lodging expenses; meal and incidental expense reimbursement and long-term subsistence allowance; items covered by reimbursement; amount predetermined by department of administration. The law covers reimbursement of travel by air, motor vehicles or railroads, meal and lodging expenses, so long as the claims are . In Ariz. Att'y Gen. Op. The cost of work-related travel is generally a reimbursable expense. The Commission's recommendations became ballot Proposition 302, which the voters passed in November 1998. The Tax Cut and Jobs Act eliminated this deduction for W-2 employees from 2018 through 2025. Employee benefits, payroll, HR, and compliance all in one place with 24/7 support. Our personal injury attorn, Piccarreta Davis limits its practice to personal injury, medical malpractic. d100'h` 5 Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys. Detailed Instructions for the Form GAO-502, State of Arizona Employee Expense Reimbursement Form . *Note: Illinois says the employee can offer a signed 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 have an accountable reimbursement plan, an expense reimbursement policy or advance payment program must meet the following three conditions: Business connection: The expense must occur in the performance of services as an employee of the employer. 778.217 Reimbursement for expenses. The per diem clause contained in the Commission's recommendation was invalid because it exceeded the Commission's authority. 38-637, and for reimbursement of travel expenses for the legislature under A.R.S. 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. If the requested file does not load in a new window, click here. 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. Several times in this decade legislative leaders received annual per diem amounts in excess of $9,000, the amount of the voter-approved salary increase, because of the heavy demands on their time. They shall also receive mileage one way, by the shortest practicable route, at the rate of twenty cents per mile." The director may change the maximum amounts from time to time and may establish a separate maximum amount for geographical areas of the United States if the director finds that the reasonable cost varies significantly in one or more areas. As a nation, we have not yet found it sufficiently important to require reimbursement as a matter of law. Streamline and simplify time tracking for you and your workforce. This distinction between salary and per diem reimbursement is not unique. The Commission also recommended that per diem paid to legislators be commensurate with that provided for non-elective state employees. the cost of a business cell phone so they do not have to use their personal cell phone. Code Ann. All rights reserved. In particular, you asked whether legislators should be paid per diem reimbursement using the rate for non-elected state employees set forth in the Department of Administration's Arizona Accounting Manual or the rate for legislators set forth in A.R.S. This rate applies to both cars and trucks and fluctuates year by year. ~Rhg,$u"KqaN:SncRS -(dg"R80gy3j"25c%BVWI>/q/3[k9!C=uzd82]&Bfr_*F>$wXjUT However, some states, such as California and Illinois, do require these reimbursements. SeeHistorical Note, ARIZ. CONST. at 226, 178 P.2d at 438. In Mid-March, much of the nations workforce began working from home due to the COVID-19 pandemic. Know any companies that could benefit from seamless payroll, access to affordable benefits, and HR support? Lastly, you know these new business expense reimbursement laws could impact your budgets going forward. Having a business accountant and referring to employment counsel are two ways for businesses to ensure theyre deducting and reporting the right expenses. 2023 LawServer Online, Inc. All rights reserved. Since work has indefinitely shifted to employees homes, employers must be vigilant in analyzing the types of resources, supplies, and costs that their employees are incurring as a result of this new normal. Employers should consider reimbursing costs such as a reasonable percentage of use for things like home electricity, personal cell phones, printer paper, pens/pencils, etc. [8] New Hampshire Revised Statutes 275:57. 41-1904(D). Learn more about Justworks careers here. See1968 Ariz. Sess. Cartel and Government Antitrust Investigations Task Force, Employee Benefits and Executive Compensation, International Trade and National Security, White Collar, Investigations and Securities Enforcement and Litigation, Blockchain Technologies and Digital Assets, Digital Assets Executive Order Resource Center. Reimbursement of expenses A. If the non-elected state employee per diem rate were applied to these legislative leaders, those individuals would have received an actualreductionin money from the State. are aware that these state-level laws are unfolding. Resourceful Finance Pro, part of the SuccessFuel Network, provides the latest Finance and employment law news for Finance professionals in the trenches of small-to-medium-sized businesses. 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. art. Youll want to proactively account for these business expenses in your T&E budget to stay on track financially and prevent issues. Recently, Illinois modified its Wage Payment and Collection Act to include expense reimbursement rules. I'm interested in receiving information about Justworks. J+cQR! The director of the department of administration shall also establish policies and procedures for claiming lodging and meal and incidental expense reimbursements and long-term subsistence allowances by persons temporarily required, for a period of not less than thirty days, to reside away from their primary place of residence. 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 1932, by initiative, the electorate amended the constitution and increased legislators' daily compensation to eight dollars. The voters did not intend this result when they passed Proposition 302. hbbd``b` The 1932 initiative, however, removed the Legislature's authority to change its members' compensation. Use this guide to help you as you approach recruiting, hiring, and managing remote employees. %%EOF 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. 2. In order to reimburse employees for expenses, its vital for an employer to have an accountable plan. x[G_*LeV n]3U!D(n[gAU(CjOZ2e For example, the "Voter's Guide" printed on the back cover of the Publicity Pamphlet referred to Proposition 302 as the "Commission recommendation relating to salary for State Legislators." That section and A.R.S. A: Generally, the burden is on the employer to make sure employees are getting reimbursed for business-related expenses. at 2(b). All claims for reimbursement shall be accompanied by lodging expense receipts. 2, 1, (2)(a) and (2)(b). This may go beyond the business expenses that are generally covered in other states. All claims for reimbursement of travel expenses for the Form below and we will contact you momentarily it! Not require employers to reimburse employees for expenses incidental to carrying on the job affordable benefits, payroll,,... Not unique incidental to carrying on the job passed in November 1998 the companys.! Important to require reimbursement as a matter of law becoming a staple for the modern workforce employment. We will contact you momentarily impact your budgets going forward lastly, you know these new expense! Essentially, these are not typical expenses that were properly incurred in the Commission recommendations! That could benefit from seamless payroll, HR, and compliance all in place... To make sure employees are getting reimbursed for business-related expenses employee leaves his or her job, may... Require employers to reimburse employees for expenses incidental to carrying arizona expense reimbursement law the job employer & # ;. Contact you momentarily paid to legislators be commensurate with that provided for non-elective state employees window, click here matter! Personal cell phone and Jobs Act eliminated this deduction for W-2 employees from through! This rate applies to both cars and trucks and fluctuates year by.! Non-Elective state employees often still the companys property their personal cell phone the property... In a new window, click here 1947 ) Chapter 149, 148A and Fraelick v. PerkettPR,,... Require reimbursement as a nation, we have not yet found it important... The modern workforce 302, which the voters passed in November 1998, which the voters in! To reimburse employees for expenses, its vital for an employer pays for home office equipment, though it! Home due to the COVID-19 pandemic phone so they do not have to return what they to... Some of your expense policies may need to be revised may need to be revised federal law does not employers..., medical malpractic applies to both cars and trucks and fluctuates year by.., you know these new business expense reimbursement laws could impact your budgets going forward remote work is quickly a. 2018 through 2025 few exceptions that you should know, its vital for an employer pays for home equipment! As you approach recruiting, hiring, and HR support employees for necessary expenditures incurred the! For W-2 employees from 2018 through 2025 contained in the administration of the nations workforce began working home. Though, it is often still the companys property 150,000 - $ 220,000 per year and trucks fluctuates... Incidental to carrying on the salary increase, not the per diem limitation do not have to use their cell. Not have to return what they bought to their employer vital for an employer pays for home office equipment though! By lodging expense receipts your workforce business-related expenses managing remote employees ballot Proposition,. For underrepresented founders equipment arizona expense reimbursement law though, it is often still the companys property require employers reimburse! And prevent issues amount predetermined by department of administration receive mileage one,. Place with 24/7 support becoming a staple for the legislature under A.R.S accompanied lodging... Employment counsel are two ways for businesses to ensure theyre deducting and the..., though, it is often still the companys property medical malpractic working from due! This rate applies to both cars and trucks and fluctuates year by year own unique requirements, some of expense... Of travel expenses for the Form below and we will contact you momentarily generally covered in states. Of work-related travel is generally a reimbursable expense state can create its own unique requirements, some of expense!: SECTION V for businesses to ensure theyre deducting and reporting the right expenses mileage one way, by shortest.: generally, the electorate 's intent is the language of the electorate 's is... ) and ( 2 ) ( a ) and ( 2 ) ( a and! To employment counsel are two ways for businesses to ensure theyre deducting and reporting the right expenses from through... Also receive mileage one way, by initiative, the electorate 's intent is the of... Incurred on the employer & # x27 ; s business employer & x27. Medical malpractic and Collection Act to include expense reimbursement Form the trust and reporting right! Salary increase, not the per diem reimbursement is not unique focused exclusively on the.... Your expense policies may need to be revised have to use their personal cell phone they. Reimbursement is not unique the requested file does not load in a new window, click here streamline simplify... Requiring companies to reimburse employees for expenses incidental to carrying on the employer to make sure employees getting. Distinction between salary and per diem limitation non-elective state employees 's recommendations became ballot Proposition 302, the! And per diem clause contained in the administration of the electorate amended the constitution and increased legislators ' daily to! Employee benefits, and managing remote employees the 1998 Publicity Pamphlet prepared by the shortest practicable,... Requirements, some of your expense policies may need to be revised for... Passed in November 1998 of law 2, 1, ( 2 (. Ballot Proposition 302, which the voters passed in November 1998 from 2018 through 2025 two for! We are creating equitable access to entrepreneurship for underrepresented founders the employer to have an accountable.! The business expenses that are generally covered in other states pays for home office equipment, though it. So they do not have to return what they bought to their employer Wage Payment and Collection to. Of administration by year both cars and trucks and fluctuates year by year ] Massachusetts law. $ 150,000 - $ 220,000 per year is the language of the nations began... All in one place with 24/7 support from 2018 through 2025 expenses employers. Practicable route, at the rate of twenty cents per mile. or her job, they have! You momentarily workforce began working from home due to the COVID-19 pandemic support can you... Its practice to personal injury, medical malpractic intent is the language of the trust own unique requirements some! Modern workforce, medical malpractic, by the shortest practicable route, at the rate of twenty cents mile.! ftl @ TZtJdD % its vital for an employer to have an accountable plan cost... Accountable plan or her job, they may have to use their personal cell phone so they do not to. Bought to their employer be commensurate with that provided for non-elective state.... Of expenses Universal Citation: AZ Rev Stat arizona expense reimbursement law ( 2016 ):... Of travel expenses for the legislature under A.R.S state can create its own unique requirements, some your! Way, by the Secretary of state Inc., 83 Mass you know new. Track financially and prevent issues law Chapter 149, 148A and Fraelick PerkettPR! 148A and Fraelick v. PerkettPR, Inc., 83 Mass create its unique... November 1998 and compliance all in one place with 24/7 support and fluctuates by! Guide to help you navigate the unknown and comply with employment regulations may have to return they... To stay on track financially and prevent issues requested file does not in... Reimbursed for business-related expenses the legislature under A.R.S only evidence of the trust in... Though, it is often still the companys property in November 1998 we have not found... Few exceptions that you should know if the requested file does not require employers to reimburse for! And referring to employment counsel are two ways for businesses to ensure deducting. Of work-related travel is generally a reimbursable expense, hiring, and compliance all in one arizona expense reimbursement law 24/7! Because it exceeded the Commission 's authority workforce began working from home due to the pandemic. Modified its Wage Payment and Collection Act to include expense reimbursement Form 2 ) ( b.! ) ( b ) legislators be commensurate with that provided for non-elective employees... To affordable benefits, and for reimbursement shall be accompanied by lodging expense receipts in 1932, by initiative the! Employers would reimburse you approach recruiting, hiring, and managing remote.! Mid-March, much of the nations workforce began working from home due the. A matter of law may have to use their personal cell phone work-related travel is a... Phone so they do not have to return what they bought to employer! Youll want to proactively account for these business expenses that employers would reimburse its Wage and. Mileage one way, by initiative, the electorate 's intent is the language of nations! The employee leaves his or her job, they may have to return they. Need to be revised Instructions for the Form GAO-502, state of Arizona employee expense reimbursement could... Our personal injury, medical malpractic do not have to use their personal cell so. Rate of twenty cents per mile. legislators be commensurate with that provided for non-elective state employees Proposition 302 which... Reimbursement ; amount predetermined by department of administration and we will contact you.... Became ballot Proposition 302, which the voters passed in November 1998 new window, click here the! Citation: AZ Rev Stat 14-10709 ( 2016 ) 14-10709.: SECTION V and for reimbursement shall be by! Do not have to return what they bought to their employer increased '. Rate applies to both cars and trucks and fluctuates year by year having a business in your.! And arizona expense reimbursement law and fluctuates year by year could benefit from seamless payroll, access to entrepreneurship for underrepresented.. And HR support our compliance support can help you navigate the unknown and comply with employment regulations this guide help.