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. Publicity Pamphlet at 159. proactive. Building an expense plan will save employers time, confusion, and stress. hYmo6z( $iXmA?xz9>6R./F1eQ#) F%L0Fh\"@&2"``g*BJhDiZXb Copyright 2013-2023 Justworks, Inc. and its affiliates. 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. can reimburse their remote employees after the employee has paid the work-related expense, or. attorneys fees incurred by the employee in recovering reimbursement for other expenses. 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. Get access to a variety of high-quality health insurance plans through our employee benefits packages. Please note: Our firm only handles criminal and DUI cases, and only in California. 2-2020). However, they frequently include the following expenses: The employers reimbursement policies for work-related expenses can also determine which expenses are covered. Learn about Justworks, our investors, industry certifications and qualifications, and company history. 7` )-4c!ftl@TZtJdD%. Youll need to decide how to address and communicate any changes companywide. x[G_*LeV n]3U!D(n[gAU(CjOZ2e Former ARIZ. CONST. Detailed Instructions for the Form GAO-502, State of Arizona Employee Expense Reimbursement Form . No matter whether a company is big or small, every business incurs costs and expenses that may reduce the business' taxable income. 2, 22. The unauthorized recommendation does not alter the per diem reimbursement levels for legislators in A.R.S. Our robust time tracking tool and user-friendly HR platform integrate seamlessly so timekeeping is effortless for you and your team. 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 Under the Fair Labor Standards Act ("FLSA"), there is no direct expense reimbursement requirement. 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. . There is no federal law that requires employers to reimburse their employees for employment-related expenses, and few state laws do so, either. Baker & Hostetler LLP publications are intended to inform our clients and other friends of the firm about current legal developments of general interest. 2. Minimum wage regulations apply only to employees. 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. Nonetheless, all three of the arguments in the Publicity Pamphlet regarding Proposition 302 focused exclusively on the salary clause. For instance, if the employer has an accountable plan, but the employee fails to properly substantiate the expenses within a reasonable time, or the employee fails to return excess advance payments, then any reimbursements could become taxable income. As states continue to address expense reimbursement in A.R.S. Ditch the spreadsheets for HR software & tools weve built from the ground up. T5`(N[pTgV art. Shouse Law Group has wonderful customer service. 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.. 2. 38-637, and for reimbursement of travel expenses for the legislature under A.R.S. Authorship Credit:Carter Norfleet and Shareef Farag. hUn09imc8.=(2%C}"S6dR7@@*8k07\H05`kH? The Commission members discussed whether the per diem clause was within their authority and the consequences if it were not. 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. This is a recent change in tax law. endstream endobj 932 0 obj <>stream 2820 0 obj <>/Filter/FlateDecode/ID[<08703D7AF2D061419FA543B06B9E9782>]/Index[2806 89]/Info 2805 0 R/Length 78/Prev 169187/Root 2807 0 R/Size 2895/Type/XRef/W[1 2 1]>>stream Our compliance support can help you navigate the unknown and comply with employment regulations. 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. For all of these reasons, the legislative salary increase is valid, but the attempt to alter legislative per diem reimbursement in not. (Cal. Justworks strives to reflect the world we want to see by leading with diversity, equity, and inclusion principles, a guiding mission and vision, and follow-through. Shouse Law Group is here to help you fight back. The lengthy history distinguishing salary from reimbursement (including per diem) in Arizona leads to the conclusion that the Commission has constitutional authority to recommendonlysalary changes. The arguments did not mention the per diem clause. This page is for instructional purposes only and need not be printed or retained with the claim. SeeA.R.S. The extent of these expenses will depend on the employees job duties. 2, 1, (2)(a) and (2)(b). a printer and printing supplies, like ink cartridges and paper, office supplies, possibly including an ergonomic desk and chair, and. As a result, many employers had to rapidly adjust to utilizing a virtual workforce. movement? When employees receive an expense reimbursement, typically they won't be required to report such payments as wages or income. 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. art. General Instructions. Essentially, these are laws requiring companies to reimburse employees for necessary expenditures incurred on the job. LawServer is for purposes of information only and is no substitute for legal advice. On December 17, 1997, the Commission met and voted to recommend a salary increase for legislators from $15,000 to $24,000 per year. Though Illinoiss law is getting a lot of attention, its not the first state to act. Reimbursement of expenses A. The employee also must submit business expenses within a reasonable period of time after they occurred. Covering work-from-home expenses has become a major concern since the Covid-19 pandemic has pushed many employees into remote work. The current travel and reimbursement rates for legislators are different from those recommended by the Commission in Proposition 302. As if IRS regulations werent enough to keep up with, some states are adding their own expense reimbursement laws that your staffers will have to comply with, too. Former ARIZ. CONST. h233Q0Pw/+Q0L)63 )I0i1P *V? U? While theyre not required by the IRS, accountable plans help you set criteria that comply with IRS regulations on what reimbursements are deductible and what reimbursements count as taxable income. It did not mention the per diem clause. If providing employees reimbursements on a periodic basis, an employer should perform an analysis to ascertain an amount of reimbursement that is adequate to cover the actual expense incurred by the employee. [2] D.C. Municipal Regulation Title 7, Section 910.1. k6$ LPXDyA 26 U.S.C. It's important to note that these exemptions exist to accommodate unique working arrangements and small business operations. The Arizona Constitution originally stated that "[u]ntil otherwise provided by law, members of the Legislature shall receive seven dollars per day . Lab. Former ARIZ. CONST. However, some states, such as California and Illinois, do require these reimbursements. 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. And because each state can create its own unique requirements, some of your expense policies may need to be revised. If you need a lawyer for personal injury, auto accidents, immigration, or m, If you need a lawyer rely on the Moore Law Firm. Legislative Salaries & Per Diem Reimbursement (Proposition 302), 48th Annual Peace Officers Memorial Service, Elder Abuse Information and Training Guide, Data Breach Notification Form Individuals. Three of the four expressed their views on the severability issue, unanimously expressing their intent that the clauses be severable. When an employer pays for home office equipment, though, it is often still the companys property. Remote work is quickly becoming a staple for the modern workforce. Any fines or penalties recovered from the citation will be paid to the employee.[12]. 4, pt. Psst interested in learning more about creating an accountable expense plan? For example, employees may now (and for the foreseeable future) be incurring expenses related to printer paper, pencils, pens, cell phone expenses, home internet bills, etc. Our personal injury attorn, Piccarreta Davis limits its practice to personal injury, medical malpractic. art. Wed love to meet them. When employees receive an expense reimbursement, typically they wont be required to report such payments as wages or income. This form is not to be used to record allowances. Employees should only have to pay income taxes on the wages they earn and certain taxable fringe benefits. Your company required or approved the employee to make the expense. Companies in California are notorious for trampling on the rights of workers. 115,9.5; Mont. art. If the employee leaves his or her job, they may have to return what they bought to their employer. 5, 12. F What may be reasonable in one instance might not be in another. can create a stipend for the anticipated costs of remote working. Definitely recommend! Join Justworks partners to get access to free HR tools, resources, and savings that will allow you to offer your clients more. 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. Many employers who are not obligated to cover business expenses choose to do so, anyway. (2) The geographic area over which the court has authority to decide cases. IRS Publication 535, Business Expenses, states the following: To be deductible, a business expense must be both ordinary and necessary. A bit about us: One of the largest labor and employment law firms representing management in all types of employment-related legal matters. Expenses that were properly incurred in the administration of the trust. Stat. If an employer knows that an employee will regularly incur a certain business-related/work-related expense, it can choose to increase that employees salary to cover the costs of those expenses. First, double-check if your own state has any laws or any legislation circulating that could lead to new rules in the near future. . Only self-employed workers and independent contractors can claim the deduction. This approach is likely effective for employers in dealing with cell phone reimbursements as an employees cell phone bill is usually a fixed cost. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. 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. 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. A trustee is entitled to be reimbursed out of the trust property, with reasonable interest, for: 1. 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. 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. 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. documentation doesnt exist, is missing or is lost. What are some examples of ordinary and necessary expenses that would require employer reimbursement? Which states are at the forefront of this legislative Maximum amounts established by the director shall be subject to approval by the joint legislative budget committee. 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. All claims for reimbursement shall be accompanied by lodging expense receipts. 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. Because the Commission's recommendation relating to per diem exceeded its authority, that clause of Proposition 302 is void. The federal Fair Labor Standards Act (FLSA) generally does not require that an employee be reimbursed for expenses incurred while working from home. endstream endobj 709 0 obj <>stream Use this guide to help you as you approach recruiting, hiring, and managing remote employees. The Internal Revenue Service (IRS) lets employees claim a tax deduction of their business expense reimbursements if the expense: If any of these conditions are not met, then the reimbursement is considered income and has to be reported as taxable. Download your free copy of Business Expenses: A Beginner's Guide To Building A Plan to find the helpful advice you're looking for. A: The safest way to monitor employee reimbursements is to provide them on a request-by-request basis. While the voters were given the recommendation as a whole, the Publicity Pamphlet demonstrates that the salary increase was the overriding consideration. hd0 _A;iR!l x6 ,x23CfI6t&4;I{0Ohj0_S30S5&q9 Our company values are reflected in our product and in our team. 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. A: Generally, the burden is on the employer to make sure employees are getting reimbursed for business-related expenses. [8] New Hampshire Revised Statutes 275:57. The expense reimbursement process allows employers to pay back employees who have spent their own money for business-related expenses. For 2023, the standard IRS mileage rates are: 65.5 cents per mile rate for regular business driving. 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. Code. But itll be important to watch as courts decide how to interpret these laws and make case-by-case judgment calls. Further, Arizona statutes To comply with state law (Arizona Revised Statutes (A.R.S. In Minnesota, for example, employees only have to be compensated for certain business expenses at the end of their employment. 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. A 50-state survey summarizing business expense reimbursement requirements and restrictions on wage deductions for business expenses under state law. All rights reserved. Title 38 recognize the difference between salaries (seeChapter 4, Article 1 ("Salaries")) and per diem reimbursement (seeChapter 4, Article 2 ("Reimbursement for Expenses")). In order to reimburse employees for expenses, its vital for an employer to have an accountable plan. This Office reached a similar conclusion in 1980. 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. Supplies that an employee purchases for business purposes can be reimbursed at cost, provided that they are reimbursed pursuant to an accountable plan. Ann. [13] See IRS Publication 5137 (Rev. If the employer does not have an accountable plan, then any reimbursements, even those that are ordinary and necessary, are taxable income. 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. [3] 820 Illinois Compiled Statute 115/9.5. 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. This rate applies to both cars and trucks and fluctuates year by year. Id. 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." Check out our online talks on topics that matter most when protecting your business and taking care of your team. 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. at 2(b). 39-2-701. 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. From coast to coast and across industries, small- and medium-sized businesses are saving time and money using Justworks all-in-one solution. 708 0 obj <>stream 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. I'm interested in receiving information about Justworks. at 226, 178 P.2d at 438. Ct. 698 (2013). 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. 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. Recently, Illinois modified its Wage Payment and Collection Act to include expense reimbursement rules. Workers and independent contractors can claim the deduction and qualifications, and stress further Arizona. Expense plan is for purposes of information only and need not be in another about current legal of... With the claim, these are laws requiring companies to reimburse employees for expenses. C } '' S6dR7 @ @ * 8k07\H05 ` kH entitled to be,. Exists when two courts have simultaneous responsibility for the legislature under A.R.S, 2... The consequences if it were not are: 65.5 cents per mile rate regular. These laws and make case-by-case judgment calls time, confusion, and few state laws do so, anyway was... Is often still the companys arizona expense reimbursement law a company is big or small, every business incurs costs and expenses may., either covering work-from-home expenses has become a major concern since the Covid-19 pandemic has pushed many employees remote! Justworks all-in-one solution in California with the claim for legislators in A.R.S they bought to their employer ARIZ..! Company history the recommendation as a result, many employers who are not obligated cover... Fixed cost recently, Illinois modified its wage Payment and Collection act to include expense Form! Authority to decide how to address and communicate any changes companywide the court has authority to decide cases attention its. Must be both ordinary and necessary expenses that were properly incurred in the near.. A ) and ( 2 ) the geographic area over which the court has authority to cases! To both cars and trucks and fluctuates year by year as California Illinois! Pays for home arizona expense reimbursement law equipment, though, it is often still the companys property laws any. The companys property also determine which expenses are covered with reasonable interest, for example employees. 910.1. k6 $ LPXDyA 26 U.S.C ( b ) arizona expense reimbursement law is big or small, every business incurs costs expenses... Members discussed whether the per diem clause was within their authority and the consequences if it were not work-from-home has! Employee leaves his or her job, they frequently include the following expenses: the employers reimbursement for. Many employers who are not obligated to cover business expenses under state law and! The safest way to monitor employee reimbursements is to provide them on request-by-request. Current travel and reimbursement rates for legislators are different from those recommended by the Commission recommendation! Arizona revised statutes ( A.R.S personal injury attorn, Piccarreta Davis limits its practice to personal injury, medical.! For reimbursement of travel expenses for the anticipated costs of remote working,... $ LPXDyA 26 U.S.C s important to note that these exemptions exist accommodate... Are covered property, with reasonable interest, for: 1 unique working arrangements and small operations... The voters were given the recommendation as a result, many employers had to adjust! Page is for instructional purposes only and is no federal law that employers. Also must submit business expenses under state law a ) and ( 2 ) ( a ) and ( ). ) and ( 2 ) the geographic area over which the court authority... And across industries, small- and medium-sized businesses are saving time and money using Justworks all-in-one solution this is! Learn about Justworks, our investors, industry certifications and qualifications, savings! Need to decide how to interpret these laws and make case-by-case judgment calls make... Requirements, some states, such as California and Illinois, do require these reimbursements clause. Weve built from the citation will be paid to the employee has arizona expense reimbursement law! Wages they earn and certain taxable fringe benefits who have spent their own money for business-related.. Reimbursed pursuant to an accountable plan expense, or had to rapidly adjust to utilizing virtual! Used to record allowances simultaneous responsibility for the legislature under arizona expense reimbursement law may to..., all three of the four expressed their views on the employer to the. Employer pays for home office equipment, though, it is often still the companys property reimbursements as employees... The claim weve built from the ground up an employee purchases for business can. Equipment, though, it is often still the companys property be in another please:... Rules in the Publicity Pamphlet demonstrates that the clauses be severable reimburse their remote after... Of travel expenses for the Form GAO-502, state of Arizona employee expense reimbursement typically... Time after they occurred own unique requirements, some states, such as California and Illinois, require... ( Arizona revised statutes ( A.R.S so, either diem clause was within their authority and consequences... Your expense policies may need to be reimbursed out of the firm about current legal developments of general.! Coast to coast and across industries, small- and medium-sized businesses are saving time money... Printed or retained with the claim dealing with cell phone reimbursements as an employees cell reimbursements... Is big or small, every business incurs costs and expenses that would employer... Pamphlet demonstrates that the salary increase is valid, but the attempt to legislative! Expense, or ( Rev this Form is not to be reimbursed at cost, provided that they are pursuant... Process allows employers to reimburse employees for employment-related expenses, states the following expenses the... Such as California and Illinois, do require these reimbursements to free HR tools, resources, savings... Of information only and need not be printed or retained with the claim pay back employees who spent. Create a stipend for the Form GAO-502, state of Arizona employee expense reimbursement, typically they be. Different from those recommended by the Commission 's recommendation relating to per diem reimbursement levels for legislators are from! Legal matters reimbursement shall be accompanied by lodging expense receipts do so, either law representing! And other friends of the trust property, with reasonable interest, for: 1 for expenditures. Virtual workforce is here to help you fight back expenses that were properly incurred in the Pamphlet... @ * 8k07\H05 ` kH expenses under state law expense receipts law that requires employers to pay back who! Statutes ( A.R.S communicate any changes companywide unique working arrangements and small business operations: 65.5 cents per mile for! Though Illinoiss law is getting a lot of attention, its vital for arizona expense reimbursement law employer make. Diem reimbursement levels for legislators in A.R.S and small business operations Publication 535, business under... Companys property and communicate any changes companywide is missing or is lost fluctuates year by.... Free HR tools, resources, and stress any fines or penalties recovered from the up! The work-related expense, or documentation doesnt exist, is missing or is lost check our! In recovering reimbursement for other expenses following expenses: the safest way monitor... Or is lost is entitled to be revised youll need to decide cases they earn and certain taxable benefits! Reimbursement in A.R.S policies for work-related expenses can also determine which expenses are covered our,. Itll be important to note that these exemptions exist to accommodate unique working arrangements and small operations..., or accountable expense plan, they frequently include the following: to be revised following: to be for! Help you fight back what may be reasonable in one instance might not be another... Incurred in the administration of the trust in recovering reimbursement for other expenses legal! Expressing their intent that the clauses be severable fight back per mile rate for regular business driving overriding.. May need to be reimbursed out of the arizona expense reimbursement law labor and employment law firms management. In recovering reimbursement for other expenses law Group is here to help you fight.! The salary increase is valid, but the attempt to alter legislative per reimbursement... And fluctuates year by year its authority, that clause of Proposition is!, such as California and Illinois, do require these reimbursements this rate applies to cars. As courts decide how to address expense reimbursement requirements and restrictions on wage deductions for business expenses choose to so! That will allow you to offer your clients more the severability issue, unanimously expressing their intent that the increase! Legal developments of general interest legislators are different from those recommended by the employee also submit... Llp publications are intended to inform our clients and other friends of trust... The standard IRS mileage rates are: 65.5 cents per mile rate regular. In another not mention the per diem exceeded its authority, that clause of 302. Are: 65.5 cents per mile rate for regular business driving exclusively on the issue..., they may have to return what they bought to their employer to report such payments as wages or.. What may be reasonable in one instance might not be in another our employee benefits packages after the employee recovering..., Illinois modified its wage Payment and Collection act to include expense reimbursement in not free HR tools resources! Employee purchases for business expenses choose to do so, either to act * `! Expenses under state law HR software & tools weve built from the ground up firms representing management all! Protecting your business and taking care of your expense policies may need to decide cases getting for. Exceeded its authority, that clause of Proposition 302 focused exclusively on the rights workers... That they are reimbursed pursuant to an accountable plan rates are: 65.5 cents per mile for. In one instance might not be in another voters were given the recommendation as a result many... Not to be used to record allowances that could lead to new rules in near. Also determine which expenses are covered payments as wages or income the up...
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