Is Michigan a hands free phone state? The Reimbursement Amount Is A Reasonable Percentage Of The Employee’s Phone Bill, Employers Must Reimburse Employees For Work Related Cell Phone Use. FAQs: Expense Reimbursement Amidst the New Work-From-Home Normal. Promissory estoppel is an equitable doctrine designed to prevent one party from being unjustly harmed by reasonably relying upon the promise of another. Reimbursement Refresher: Cell Phone and Internet Expenses Related to Telecommuting in the US By Michael E. Brewer , Caroline B. Burnett & Susan F. Eandi on June 1, 2020 Posted in Benefits & Compensation , California , Compliance , Coronavirus , Handbooks & Policies , US This is a full-time, exempt, senior-level position with the Community Outreach Group, with an annual base salary between $68,000 - $72,000 depending on skills, experience, and qualifications. If they can, can these medical providers safeguard their rights to reimbursement by sending written notices to no-fault insurers regarding their intent to collect pay on their own? MCL 408.483(2). So, by way of analogy, if you . The Cochran court did note that the employer can engage in some calculations: “In calculating the reimbursement amount due under section 2802, the employer may consider not only the actual expenses that the employee incurred, but also whether each of those expenses was ‘necessary,’ which in turn depends on the reasonableness of the employee's choices.“ (Id. First, the easy part: your employer cannot make you pay for the use of cell phone minutes you incurred as part of your job. San Diego, CA, 92108 Differences in reimbursement can be justified based on position (and amount of usage). Thus, to be in compliance with [Labor Code] section 2802, the employer must pay some reasonable percentage of the employee's cell phone bill. Please consult both resources for complete information regarding travel policy and reimbursements. Cellphone use laws by state. Employment law related to mileage reimbursement. These employees, including the security personnel and IT personnel on the Grand Rapids and Flint campuses, are expected to be available and respond on their personally-owned mobile communication devices such as cell phones or smart phones. How texting and cell phone laws can prevent a tour bus accident in Michigan. The purpose of the public bid law is to This article addresses when and to what extent Labor Code § 2802 requires that employees be reimbursed for these sorts of remote-work expenses. As explained below, reimbursement might be required in these states for business-related . Per the Cochran court: “If an employee is required to make work-related calls on a personal cell phone, then he or she is incurring an expense for purposes of section 2802. Also, the details of the employee's cell phone plan do not factor into the liability analysis. at p. § 257.602b(1). They may be provided by the University with no taxability to the employee. As a result, several hundred dollars of telephone charges are now being held against you. You should request reimbursement for cell phone usage. Expense retorts: Workers question . The easiest approach is to treat everyone getting reimbursed equally (which, again, may not mean the same amounts). Because of the differences in cell phone plans and work-related scenarios, the calculation of reimbursement must be left to the trial court and parties in each particular case." No new Michigan cell phone law has been passed - yet The science is clear that hand-held use is just as dangerous, but for now this remains legal in Michigan. Whether the employees have cell phone plans with unlimited minutes or limited minutes, the reimbursement owed is a reasonable percentage of their cell phone bills.” (Cochran v. Schwan's Home Services, Inc. (2014) 228 Cal. It seems relatively clear here that promissory estoppel applies, and that you should be put into the position you would be in had your boss followed through on the promise: no charges to you for your cell phone calls. E.g., One employee whose job depends on the phone, may be reimbursed 100%; in office staff, on the other hand, with less frequent use could get a stipend of $25 (or $50 or $100) or a lower percentage than others (e.g., 10%). Employees must have cell phones with data plans, home internet access and a laptop or similar device in order to meet these demands. It is irrelevant whether the employee changed plans to accommodate work-related cell phone usage. Following is a quick rundown: So the general rule is this: an employer can make you pay for personal calls, but not calls required for your job. When employees must use their personal cell phones for work-related calls, Labor Code section 2802 requires the employer to reimburse them. Phones: device costs, carrier costs, taxes, insurance. 4th 1137 (2014). Expense reimbursement is getting more and more complicated for your finance department, due largely to a newer legislative trend. Under Michigan law, it is illegal for an employer to require employees to pay "kick-backs" or to pay for the use of the employer's equipment. The Reimbursement Amount Is A Reasonable Percentage Of The Employee’s Phone Bill. "We hold that when employees must use their personal cell phones for work-related calls, Labor Code section 2802 requires the employer to reimburse them. The calls for business alone added up to over 600 minutes per month! Cell phones are one category of technology that affects virtually everyone in today's society and employers are wise to proactively establish policies about their use in the workplace. In the case of a vehicle, that's easily measured by mileage, with the IRS providing a standard figure. 1144.). I work as an outside repairman for a company that fixes industrial machinery. If you want specific legal advice about your particular legal issues, or if you want to create an attorney-client relationship, you need to retain the Law Offices of Ron A. Stormoen by a signed written retainer agreement. Thus, to be in compliance with [California Labor Law] section 2802, the employer must pay some reasonable percentage of the employee's cell phone bill. Can doctors, medical service providers, and hospitals file suits against no-fault insurers seeking payment for services they have rendered to individuals in car accidents? 1144.). These employees, including the security personnel and IT personnel on the Grand Rapids and Flint campuses, are expected to be available and respond on their personally-owned mobile communication devices such as cell phones or smart phones. Subsection 3107(1)(a) says that an injured person is entitled to recover " allowable expenses " consisting of "all reasonable charges incurred for reasonably necessary products, services and . Covered telephone costs including state-issued cellular phones should be state business related and minimized in travel status with use of a telephone credit card. This can include gas for travel, meals, if an employee was required to work during a meal, and a range of other costs.. Timesheets.com notes that California law requires employers to reimburse employees for some expenses not required by the federal government. Otherwise, the employer would receive a windfall because it would be passing its operating expenses onto the employee. While there is some discretion the employer can exercise in determining the amount of reimbursement (such as actual expenses and the reasonableness of the employee’s choice: i.e., was the employee “required” to use their own phone), the following language by the court shows the standard is still reasonable reimbursement (which means if the issue went to court a judge or jury would determine reasonableness, which means an employer should be careful in this area). Note that open records laws (e.g., Freedom of Information Act, or FOIA) may . Ask it here! 606, Michigan’s Payment of Wages and Fringe Benefits Act, MCL 408.470 et seq, Possession of Controlled Substances/Analogues, Possession of Cocaine/Heroin with Intent to Distribute, Possession with Intent to Distribute Marijuana (Less Than 5 kg), Possession of a Financial Transaction Device, Receiving or Concealing a Stolen Motor Vehicle, The Number One Mistake Criminal Defendants Make (And How to Avoid It), What Every Parent Should Know About "Sexting". Cochran v. Schwan's Home Serv., Inc., 228 Cal. Employees who meet the urgent/emergent criteria as stated may request reimbursement of $240 every 6 months . An individual with a level 1 or level 2 graduated license shall not use a cell phone in a hand-held manner while operating a motor vehicle. I work 11 hours a day and I'm expected to keep my phone and app running at all times with no expenses reimbursed. The consequences to the employer for violations are severe, including penalties, interest and attorney’s fees (subsections (b), (c) and (d).). . This was a definite promise, and it was certainly expected that you would take a definite action; your immediate supervisor even recommended that you no longer carry your personal mobile telephone. Examples of reimbursement arrangements that may be in excess of the expenses reasonably related to the needs of the employer's business and should be examined more closely include: (1) reimbursement for international or satellite cell phone coverage to a service technician whose business clients and otherbusiness contacts are all in the local . The following tips will provide additional guidance about protecting your employees and your company: A good cell phone usage policy should address current state laws about cell phone use while driving. This Act prohibits employers from doing a variety of unscrupulous, unethical, or despotic things: withholding wages or benefits, deducting charges from an employee’s pay, telling employees they cannot discuss their salaries, requiring employees to pay the employer kickbacks, and so on. On the federal level, there is no requirement for employers to reimburse employees for mileage when using personal vehicles for company purposes . The Public Bid Law is the set of laws that governcontracts for s public works and the purchase of materials and supplies by public entities that meet certain threshold requirements called the "contract limit" (minimum). What can I do? Work-life balance is a priority at MOL, as are each and every one of our team members. Thus, to be in compliance with section 2802, the employer must pay some reasonable percentage of the employee's cell phone bill. Amounts over $75 in Michigan and over $150 outside of Michigan will require tax reporting information. at pp. Expense reimbursement: In a typical reimbursement policy, employees purchase a cell phone (from a list of company-approved devices) along with the service plan. There are two ways that the church can pay the cell phone bill in a way that is consistent with the law. As of 2015 rates are adjusted on an annual basis according to this file. Minimum Wage Requirements in Michigan. I can’t pay $700 for calls my boss told me I could make, and I’m not sure the other guys will back me because they’re afraid for their jobs. Generally, an employer can require you to use personal property (like your vehicle, or cell phone) as long as you are properly reimbursed for additional costs incurred when used for work. The answer is that reimbursement is always required. He pays $2,000 in monthly rent and . Damages, of course, raise issues that are more complicated.“ (Id. The Cochran case provides guidance on how to calculate a reasonable reimbursement for the mandatory use of personal devices such as cell phones: employers must compensate their employees for a "reasonable percentage" of the employee's cell phone bill under Section 2802. 4th 1137, 1140. ÐÏࡱá > þÿ
; = þÿÿÿ . •Beneficiary Consent and established contingency plans must be established and maintained. This includes the business use of an employee's personal cell phone.While there is no federal law that requires this work expense reimbursement, some employers voluntarily provide it in states where it is not required.. What is the federal law for work-related reimbursements? Two more months passed, and still no bill. Those questions therefore do not preclude class certification.8 Recent Cases Concerning Whether Remote Work Was a "Necessary Expenditure" Furthermore, questions concerning the amount of reimbursement owed concern damages, not liability. In addition, it appears that your employer may be requiring that you conduct additional work after hours. SOURCE: MI Administrative Code 338.2455. Information presented on this site is intended for educational purposes only and does not constitute—and should not be considered a substitute for—legal advice. The employee can be reimbursed for the home office percentage of rent or mortgage expenses, depreciation, utilities, and other costs of maintaining the home. In August 2019, a Minnesota law took effect that prohibited hand-held use of mobile phones while driving. Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means.While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. Remember: this information is generalized and for educational purposes only; it does not constitute legal advice. The Program works with judges, courts, lawyers, bar associations, nonprofit legal aid agencies, legal self-help centers, libraries and many others to promote coordinated and quality assistance for persons representing themselves in civil legal matters in Michigan. This statute entitles a plaintiff to treble damages, so it would be worthwhile for you to look into it if your boss follows through on his threats. Before committing to mobile stipends, take a holistic look at your mobile strategy, considering not just the costs, but the business value . In Mid-March, much of the nation's workforce began working from home due to the COVID-19 pandemic. These charges included all calls in excess of the 500 minutes allocated on the plan, regardless of whether they were personal or business-related. Illinois' law requires reimbursement for "all reasonable expenditures or losses required of the employee in the discharge of employment duties and that inure to the primary benefit of the employer." Although similar to California's law, the Illinois law gives the employer a bit more flexibility in terms of setting — and enforcing . Interest shall accrue from the date on which the employee incurred the necessary expenditure or loss. Such a demand is a clear violation of the statute and is entirely unenforceable. Our expertise in telehealth policy was recognized in 2012, when we became the federally designated National Telehealth Policy Resource Center. In Mid-March, much of the nation's workforce began working from home due to the COVID-19 pandemic. The Department would then conduct an investigation, and if the charges of retaliatory discrimination were to be substantiated, the Department would “order the rehiring or reinstatement of an employee to his or her former position with back pay.” Id. Effective January 2017, the minimum wage requirement in Michigan is $8.90 per hour, which means nonexempt employees in the state of Michigan are entitled to an hourly rate of at least $8.90, though an additional increase is planned for 2018, which will bring the minimum wage in Michigan up to $9.25. He exclusively uses 10% of his apartment as his office. Reimbursements should be for business expenses that are "reasonable" and "necessary.". Neither use of this website nor communications through it (including but not limited to messages in forums or answers in the “Ask a Lawyer” section) create an attorney-client relationship. Not only does our interpretation prevent employers from passing on operating expenses, it also prevents them from digging into the private lives of their employees to unearth how they handle their finances vis-à-vis family, friends and creditors. There is no federal law that requires employers to reimburse their employees for employment-related expenses, and few state laws do so, either. Internet: speed package, modem fee. Even if they don’t “grumble,” all employees using their personal phones for work must be reimbursed (that should be the first biggest and clearest takeaway from this article; the second, and less clear takeaway, is the amount of reimbursement, but hopefully we have given you some tools to create a policy). The MSU Travel Reimbursement Chart is an accompanying document to Section 70 of the Manual of Business Procedures. As a result, many employers had to rapidly adjust to utilizing a virtual workforce. FAQs: Expense Reimbursement Amidst the New Work-From-Home Normal. We do not necessarily advocate those approaches. Neither use of this website nor communications through it (including but not limited to messages in forums or answers in the “, Sands Appliance Services v. Wilson, 463 Mich 231 (2000), Schipani v. Ford Motor Co., 302 N.W.2d 307, 102 Mich. App. Cell Phone Purchase Reimbursement Allowance. It is also a crime for your employer to make such a demand under MCL 408.484. Case law since Cochran has reinforced the rule that an employer must reimburse a “reasonable” amount without actually explaining how to calculate that amount. Cell Phone Use at Work Changing technology brings new challenges for employers as they attempt to reap the benefits of technological advances while still maintaining control of the workplace. On the federal level, there is no requirement for employers to reimburse employees for mileage when using personal vehicles for company purposes . However, what is not well understood (or developed in the law) is how much must be reimbursed. Until more guidance is provided from the courts or a government agency, the employer should carefully monitor its practice and make sure it has a policy of “reasonable” reimbursement and fully address any employees grumbling about fair reimbursement. May Oberfell Lorber (MOL) provides exciting careers as a firm in a region with sizeable opportunities. 3 California law prohibits police . The question of the personal calls is a bit trickier in this case because your employer told you two key things: that you were allowed to make personal calls (with no mention of needing to pay them back); and that they would review the plan after the first month, making any adjustments as needed. You can edit the text in this area, and change where the contact form on the right submits to, by entering edit mode using the modes on the bottom right. As if IRS regulations weren't enough to keep up with, some states are adding their own expense reimbursement laws that your staffers will have to comply with, too.. United States. The California Court of Appeal agreed there were violations and held (which means, it’s now the law): “We hold that when employees must use their personal cell phones for work-related calls, Labor Code section 2802 requires the employer to reimburse them. Laws for cell phone reimbursement. Moreover, the employee has a relatively easy burden to successfully make a liability claim against his/her employer on this issue. About halfway through my third month, I was offered a much better job at my brother’s company so I put in my notice. Michigan Compiled Laws Complete Through PA 64 of 2021 House: Adjourned until Tuesday, September 14, 2021 1:30:00 PM Senate: Adjourned until Tuesday, September 14, 2021 10:00:00 AM Michigan Legislature User Menu The Michigan […] Mr. Rodriguez accurately answered the reimbursement question citing the most recent California Court of Appeal case on the issue (Schwan). Creating an employee cell phone usage policy is the first of many steps in establishing a healthy, professional, and dispute-free workplace. In my travels across America for conferences, I have found that a majority of churches violate Section 4958 when they pay the pastor's (or other employee's and officer's) cell phone bill. 2 In California, persons are prohibited from driving a motor vehicle while holding and operating a phone or electronic communication device. In your specific case, it would appear that the employer wants to charge you for all calls made in excess of the 500 minute plan, regardless of the nature of those calls. Law (9 days ago) Although lawmakers at the state, federal and local levels are examining a wide variety of issues related to driver distraction, the most common concern is the potential distraction caused by cell phones and other technology in the car. Moreover, IRS Notice 2011-72 indicates that the employee will not need to substantiate that all or a portion . Employers and employees frequently inquire about whether an employer must reimburse an employee when the employee uses their personal cell phone for the employer’s business? Drivers who are 18 and older may dictate, send or listen to text-based messages if they're using voice-activated, hands-free devices. Under MCL 408.478, "An employer, agent or representative of an employer . The rest is up to states and individual employers. Reimbursement for toll and parking charges is allowed, including metered parking. Example: Mario is an employee forced to work at home due to the coronavirus for two months. He even recommended that I get rid of the cell phone I already had. The law is intended to prevent employers from passing on their operating expenses to their employees. Receipts should be attached to the travel voucher if obtainable. Representation in business, real estate, construction, home care, trust and probate litigation and general civil litigation. Home Office: regional living costs. Phone Purchase Allowance (One-time amount every two years upon purchase of new phone) Basic Cell Phone $25 "Smartphone" Cell Phone up to but not to exceed $200 . (d) In addition to recovery of penalties under this section in a court action or proceedings pursuant to Section 98, the commissioner may issue a citation against an employer or other person acting on behalf of the employer who violates reimbursement obligations for an amount determined to be due to an employee under this section. By way of example, some of these states—notably California and Illinois—have strict reimbursement laws. Telephone Costs . Got a question for “Ask a Lawyer”? Reimbursement is made according to the current payment methodology for the service you are providing. But work usage may vary depending on the position. In fact, under Section 14 of the Act (MCL 408.484), if anyone at the company undertook some kind of retaliatory action, that person would be guilty of a crime punishable by up to one year in jail. No text or graphic contained in this entry is to be or should be used or relied upon as legal advice. To show liability under section 2802, an employee need only show that he or she was required to use a personal cell phone to make work-related calls, and he or she was not reimbursed. Also, the court noted that even though some employees have plans which do not result in any additional cost for work use, the employer is still required to reimburse: “The threshold question in this case is this: Does an employer always have to reimburse an employee for the reasonable expense of the mandatory use of a personal cell phone, or is the reimbursement obligation limited to the situation in which the employee incurred an extra expense that he or she would not have otherwise incurred absent the job? When promissory estoppel is applied, the promisor is required to put the promisee in the position she would have been in had the promisor followed through on the promise. The answer is that reimbursement is always required. For legal assistance, contact a lawyer. Yes. The Michigan cell phone law does not generally prohibit licensed adult drivers from talking and making calls on a hand-held or hands-free cell phone while driving. Before taking any course of action regarding the law, you should contact a lawyer. My boss said that the telephone was for work, but that it was “expected” that I would also use it to make personal calls. purchasing a personal cell phone, paying for data and minute plans, or having internet access at home). Otherwise, the employer would receive a windfall because it would be passing its operating expenses on to the employee. Federal law requires reimbursement only when required expenses push a worker's earnings below minimum wage. The answer, as with most legal questions, is “it depends.”. The company then reimburses the initial cost of the cell phone and the service plan fees each month on receiving the associated receipts. Cell Phone Usage and Reimbursement Policy Page 352 - 2 Misuse of County issued cell phones, including use in ways inconsistent with County policies or applicable laws, will result in the termination of cell phone privileges. Similar to California's law, the Illinois law has also been interpreted to require reimbursement for cell phone and internet expenses when employees are required to use their cell phones or . Amounts recovered pursuant to this section shall be paid to the affected employee. The Internal Revenue Service has clarified that when an employer provides an employee with a cell phone for "noncompensatory" business reasons, the provision of the phone will not be taxable income to the employee, even to the extent the employee uses the phone for personal reasons. I asked if there was a handbook or something for it and was told there was none. Schipani v. Ford Motor Co., 302 N.W.2d 307, 102 Mich. App. The elements of promissory estoppel are: (1) a promise; (2) circumstance in which the promisor should have reasonably expected to induce action of a definite and substantial character on the promisee; (3) actual reliance on this promise by the promisee; and (4) circumstances that would make it unjust not to enforce the promise. In Sands Appliance Services v. Wilson, 463 Mich 231 (2000), the Michigan Supreme Court held that the ban on demanding remuneration from an employee applies only when the demand is made as a condition of employment, and specifically noted that an employer could demand an employee pay for personal telephone calls because such calls are not a requirement of one’s work. The Cochran court determined that Labor Code section 2802 included an employer’s obligation to reimburse an employee whenever the employee uses his/her cell phone for work related duties. 1144-1145.). Some even compare it to unauthorized overtime. A mid-sized enterprise with 5,000 employees, for example, would spend on average $2.17 million on stipends over the course of a year. The second issue here is what your employer might be able to do to intimidate other employees into making false statements. Instead, whether work-related expenses must be reimbursed by employers is a matter of state law. More? The Center for Connected Health Policy is a nonprofit, nonpartisan organization working to maximize telehealth's ability to improve health outcomes, care delivery, and cost effectiveness. (c) For purposes of this section, the term “necessary expenditures or losses” shall include all reasonable costs, including, but not limited to, attorney’s fees incurred by the employee enforcing the rights granted by this section. To search the Michigan Department of Treasury's Unclaimed Property database, enter a name or business name and select "Search". Under the federal Fair Labor Standards Act (FLSA), you must be paid for time you spend at the worksite, even if you're not technically working. Covering work-from-home expenses has become a . This document is intended to serve as a reference for public and nonpublic school officials, state policy- The first issue here is whether an employer can require an employee to pay for minutes used on a cell phone, even if those minutes include calls made as part of the employee’s job. The Michigan cell phone law can help prevent a tour bus accident from happening. App. For example, if you provide customer service by phone, you are entitled to be paid for the time you spend sitting at your desk waiting for calls, even if there are lulls in call volume during the day. In the Cochran case mentioned above, the court of appeals held that employers must reimburse a “reasonable percentage” of their employees’ cell phone bills. 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A Claim for remote-work reimbursement under Labor Code section 2802 requires that employees are entitled to when it to... Fixes industrial machinery just about being a kind-hearted boss entitled to when it comes to compensation for personal cell usage. By a third person, or FOIA ) may employee forced to work at home to! Reimbursement owed concern damages, of course, raise issues that are more complicated. “ ( Id necessary expenses! Based on position ( and amount of usage ) business Procedures the reimbursement citing., these are laws requiring companies to reimburse employees for & quot ; necessary. & quot ; reasonable quot. To pay for work-related expenses incurred for their work associated receipts policy is the first,., CA, 92108 United states on an annual basis according to the will! His office of a Claim for remote-work reimbursement under Labor Code moreover, the employee 's cell phone policy. Policy to employees, and 250,000 * $ for public works company.! Data and minute plans, or having internet access and a laptop or similar device in order to meet demands... Should not be considered a substitute for—legal advice the concept of “ estoppel.... Reimbursement as a result of his apartment as his office some issue been haunting you, few. Regarding travel policy and reimbursements doesn & # x27 ; s home Serv., Inc. ( 2014 ) 228.! For the service plan fees each month on receiving the associated receipts make you pay your. Appropriate basis for an equipment purchase reimbursement that employers are free to the! Reimbursement isn & # x27 ; s home Serv., Inc., 228 Cal I stopped carrying own... Will not need to substantiate that all or a portion N.W.2d 307, 102 App!, a Minnesota law took effect that prohibited hand-held use of a Claim for remote-work reimbursement under Labor Code 2802. Ir 2011-93, issued by the Internal Revenue service September 14, 2011 more... More and more complicated for your personal calls, but not calls required for your personal calls 302 307. Issue here is what your employer may be requiring that you conduct additional after! A fair and accurate reimbursement should account for a number of factors which... There are at least three other guys who have had similar experiences passing on their expenses. As are each and every one of our team members all necessary expenses incurred for their work travel Chart!
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