Essential businesses must also maintain 6-feet or more of physical distance between individuals, including when customers are standing in line. 8-4-101) 7 CCR 1103-7 Wage Protection Rules Colorado Overtime &, Minimum Pay Standards (COMPS) Order #38 For 2023, the Colorado state minimum wage rate is $13.65. The employee is caring for an individual who is subject to an order as described in subparagraph 1 above or has been advised as described in paragraph 2 above. Services necessary to maintain the safety, sanitation, and essential operation of residences, essential activities, and essential businesses, including: Educational institutions, provided social distancing of at least 6 feet per person to the greatest extent possible, Laundromats, dry cleaners, and laundry service providers. Damages, of course, raise issues that are more complicated. (Id. Colorado Department of Labor and Employment. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { The employee is caring for a son or daughter of such employee if the school or place of care of the son or daughter has been closed, or the childcare provider of such son or daughter is unavailable, due to COVID-19 precautions. So, what to do? An employer may pay wages by direct deposit, so long as the employee has consented to the deposit and the wages are deposited into a financial institution of the employees choosing. This figure varies depending on the company and the agreed-upon policy.. Then you need a cell phone reimbursement plan. When payment is made, the employer must make the wages due available at one of the following locations selected by the employer: (i) the work site; (ii) the employer's local office; or (iii) the employee's last-known mailing address. However, if these are part of a perk and lifestyle benefit program that you offer above and beyond salary, then a perk management software like Compt is best. Additionally, we advise businesses that are subject to the Stay-at-Home Order to keep in mind the Colorado HELP Rules, the Federal WARN Act, state and federal wage and hour laws (which remain applicable even during an employees remote work),state and federal discrimination and equal employment opportunity laws, the Families First Coronavirus Response Act (a more comprehensive analysis of which can be found here), and any other applicable employment laws when making decisions related to compliance with the Stay-at-Home Order. From there, you can see which expenses are reimbursable. Expand your toolbox with the tools and techniques needed to fix your organizations unique needs. Offering cell phone reimbursement isn't just about being a kind-hearted boss. CO Statute 8-4-109, When an employee leaves employment as a result of a labor dispute, the employer must pay the employee by the next regular payday. The latter is considered more akin to a perk program and would include items like hardware, home internet bills (especially great for those who are remote), software, and anything else that helps them to enhance their work abilities and experience. Drivers, regardless of age, may use a wireless device for phone calls or sending or receiving text messages either to contact a public safety entity or during an emergency. But remember, employees must agree on this amount, and it should be clearly outlined in the policy. If the employer establishes a written accountable plan, and the employees submit properly documented expenses under . If you choose to provide company cell phones, be prepared to monitor their use and be explicit about what is approved for work-related use. Expense accounts are commonplace in larger corporations that require employees to travel and network as part of their job description. Employers consider several factors when drafting accountable policies for candidate reimbursement and determining stipend amounts. Some say the safest approach is to pay the entire cost of an employees phone. In order to qualify for an accountable plan, the employer's reimbursement or allowance arrangement must follow all three of these rules: Business connection: All ordinary and necessary business expenses must have been paid or incurred while performing services as an employee. 2023 Gordon Rees Scully Mansukhani, LLP. Here we'll break down the newest laws in cell phone reimbursement and how to guarantee both you and your employees are getting a fair deal. We do not necessarily advocate those approaches. Goodwill toward your employees will go a long way in rebuilding. An employer may not make any deductions from an employees for: An employer may not withhold or deduct any wages from an employees paycheck, unless: If an employer requires an employee to wear a uniform, the employer must pay the cost of purchases, maintenance, and cleaning of the uniforms or special apparel unless: An employer may not require a reasonable deposit as security for the return of each uniform furnished to employees upon issuance of a receipt to the employee for such deposit. There's no one-size-fits-all approach to cell phone reimbursement for employees, and some businesses may decide to opt for a virtual business phone system with a virtual phone number instead. Please purchase a SHRM membership before saving bookmarks. Decide which classes of employees will be permitted to use their own devices and why, and require employees to agree with acceptable-use terms when they first connect with the employers computer network. TERMS & CONDITIONS | Moreover, IRS Notice 2011-72 indicates that the employee will not need to substantiate that all or a portion . SUGGESTED READ: Balancing expense policy compliance and happy employees. Email addresses for the Colorado legislature have changedfrom the, Deadline Schedule for the 2023 Regular Session, Colorado Open Records Act Maximum Hourly Research and Retrieval Fee, Rules & Regulations of Executive Agencies, Salaries for Legislators, Statewide Elected Officials, and County Officers, Solicitation for Members for the Behavioral Health Task Force, 2023 Remote Testimony and Remote Participation Policies, Services for Persons with Disabilities and Grievance Resolution Procedures, State of Colorado Accessibility Statement. Electric Vehicle Reimbursement Rate Electronic Signatures on Contracts and Grants Employee Wage Attachment Policy Flexible Work Arrangements Policy Internal Control System Policy Mileage Reimbursement Policy Official Functions Policy Payroll Processes, Policies and Procedures This entry does not give specific legal advice about your specific legal problem. Some are going as far as banning cell phones in the workplace, to avoid the risk and complications associated with creating policies and stipends. A cell phone reimbursement stipend, or a cell phone allowance, is a sum of money given to employees for them to purchase on their cell phone plans. 1144.). A solution is to calculate the average time spent on work-related projects and then pay that portion of the employee's total cell phone bill. This might include adjusting record-retention policies to cover data on employee-owned devices; revisiting data breach protocols to ensure that they cover situations where sensitive data (such as Social Security numbers and credit card information) is compromised; changing your expense reimbursement policy to address employee-owned devices; and revising equal employment opportunity and anti-harassment policies to cover activity involving personal equipment, including employer monitoring. There is no one-size-fits-all approach. EO 2020 D 013 can be found in full here, and PHO 20-24 can be found in full here. This website requires javascript to run optimally on computers, mobile devices, and screen readers. CONTACT, Javascript must be enabled for the correct page display, Colorado Executive Order D 2020 017 Provides Statewide Stay-at-Home Directive (March 27, 2020). They also address security measures that keep both the employee and the company information safe and confidential. Any driver under 18 years of age is prohibited from using a cell phone while driving. Violations of the Stay-at-Home Order may be subject of a penalty of $999 per violation. 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. (Id. Colorado lawmakers are determined to make roads safer, with fines for phone use while driving starting at $50 for the first offense and up to $300 if the violation involves texting. Clearly state the employers right to access, monitor and delete information from employee-owned devices. By simply paying for your staff's cell phone bills, you're sidestepping any sticky legal issues or long, drawn-out debates over percentages. Your session has expired. Thats why many forward-thinking companies are now adopting bring-your-own-device (BYOD) policies that allow employees to work on their personal laptops, tablets and smartphones instead of on company-issued equipment. The biggest downside to this form of cell phone reimbursement is the grey area that exists between the fixed amount and what the employees feel they're entitled to. For the longest time a simple reimbursement model was the only option available, but that's not true anymore. BYOD, CYOD, COPE, COBO What Do They Really Mean? Applicants may file a claim and find information on how to file a claim at coloradoui.gov. This includes instruction permit holders of all ages. 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. (c) For purposes of this section, the term necessary expenditures or losses shall include all reasonable costs, including, but not limited to, attorneys fees incurred by the employee enforcing the rights granted by this section. PHO 20-24 also identifies several critical Colorado government operations that are not subject to the order. By Paul G. Lannon and Phillip M. Schreiber. PRIVACY | Further, many employees may be hesitant to come into work due to fear of COVID-19, and requiring in-person work can create complications during this time. Learn how managing a cell phone stipend through Compt makes life easier for you and for your employees. Fyle is a new-age expense management software that can solve all your expense management woes! There are actually laws surrounding what employees are entitled to when it comes to compensation for personal cell phone use. An employee is permitted to work remotely (out of the office), generally by accessing employer files through a virtual desktop. the employee can choose an alternative means of payment. If the employee has unlimited minutes or data, the employer is still required to pay "a reasonable percentage of the employee's cell phone bill.". Employers also face challenges in terms of ensuring that business records stored on an employees personal device have been saved long enough to satisfy electronic discovery requests during litigation. Next decide, if you're doing a cell phone reimbursement spending option only, or if you're creating a larger, more comprehensive program around all-work-related expenses. Power 2 is $127.37. FMLA follows Title VII guidance for whether subsidiaries are integrated. What personal cell phone use is considered "work-related"? During this milestone case, the California Court of Appeals filed a class-action lawsuit on behalf of 1,500 customer service managers. In this situation, companies create a policy that requires staff to prove any work-related cell phone usage and expenses. In the state of Colorado, employers are allowed to monitor email, Internet and other activity on employer-owned devices, and employees do not have an expectation of privacy in relation to employer-owned email and Internet accounts and services or employer-owned social media accounts. However, if the accounting unit is located off-site, the employer must deliver the wages due no later than twenty-four (24) hours after the start of the employers accounting units next regular workday to one of the following locations selected by the employer: (i) the work site; (ii) the employers local office; or (iii) the employees last-known mailing address. Please note, if you allow an employee to go on leave (whether paid or unpaid) or furlough an employee (as opposed to a layoff), then your employees are entitled to this EPSL. For drivers under 18, $50 then $100. This is so even if the employee incurs no additional expense due to the work-related calls, such as if the calls are within the employee's plan for . From the employee perspective, the biggest concern is that BYOD practices could lead to a loss of employee privacy. First, businesses should determine whether any of their Denver offices are subject to the Denver Stay-at-Home Order and, if so, plan accordingly. While there is some discretion the employer can exercise in determining the amount of reimbursement (such as actual expenses and the reasonableness of the employees 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). BYOD Policy Basics: 5 Questions to Help You Get Started, How to Create a Cell Phone Reimbursement Policy, The Ultimate Guide to Remote Work Stipends, Equipment Stipends: What You Need to Know. Further details on what they are: Stipends are often given out monthly. Colorado Stat. Distracted driving violations are primary offenses. However, there are some key features to consider when crafting your policy: While BYOD policies raise some thorny issues, they can work well when employers balance security, compliance and privacy concerns. If an employer provides a flat-rate stipend for cell phone use, the employee may submit actual expenses if they believe the stipend is insufficient reimbursement. Your company required or approved the employee to make the expense. Designate who is responsible for authorizing work-related software and other downloads, as well as a main point of contact for questions about the policy. The company should determine whether all data (personal and work) will be deleted or just work information. Although a first incidence is unlikely to result in a fine or penalty, a second offense is likely to result in harsher punishment. In addition, stay-at-home orders have been issued for Pitkin and San Miguel Counties and the City of Boulder in Colorado. 4th 1137, 1140. Representation in business, real estate, construction, home care, trust and probate litigation and general civil litigation. Companies must also consider costs when it comes to purchasing phones company-wide. CO Statute 8-4-109, When an employee quits or resigns, the employer must pay the employee by the next regular payday. It depends on state law. (b) All awards made by a court or by the Division of Labor Standards Enforcement for reimbursement of necessary expenditures under this section shall carry interest at the same rate as judgments in civil actions. 4th 1137, 1140. Visit our. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. Covering your team's cell phone bill is an especially good idea when team members use their personal cell phones: If your team members are expected to work long hours and be accessible during off hours, covering their cell phone is an excellent work perk. This makes it easier for employers to budget and allocate funds to cover cell phone reimbursement. 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. The answer is that reimbursement is always required. Such changes may include furloughing employees, laying off employees, or reducing an employees rate of pay/hours. Payments made by the employer to cover such expenses are not included in the employee's regular rate (if the amount of the reimbursement reasonably . Provide reasonable notice to employees as to when employer data will be wiped from personal devices. Need help with a specific HR issue like coronavirus or FLSA? The U.S. Internal Revenue Service issued guidance on Sept. 14, 2011, to clarify the tax treatment of employer-provided cell phones.The guidance, IRS Notice 2011-72, relates to a provision in the . Effortless expense management for all business spends. Unfortunately, in the years after Cochran was decided, employers still dont have a good answer because the courts and government agencies have not provided specific guidance. This will facilitate security measures the employer wishes to impose and will limit employer access to work data only. The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis. CO Statute 8-2-118, An employer must post and keep posted conspicuously at the place of work if practicable, or otherwise where it can be seen as employees come or go to their places of work, or at the office or nearest agency for payment kept by the employer, a notice specifying the regular paydays and the time and place of payment and also any changes concerning them that may occur from time to time. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. When done through an expense software like Concur or a perk management software like Compt, they are scalable benefits, and also 100% IRS compliant. What works best for a particular employer will depend on the employers business, the available IT support and the type of data that needs protecting. CO Reg. Expense reimbursement is another headache. at p. Which of these options makes the most financial sense for your company? These minimum basic operations include: (1) work necessary to maintain value of inventory, ensure security, process payroll and benefits, or for related functions; (2) work necessary to facilitate remote work; and (3) work necessary to facilitate employees filling product orders and process customer orders remotely. This is also considered the most accurate way to calculate a reasonable percentage of use if you have the time and patience to do it. A good policy will take into account the concerns of both the company and its employees. Take care not to reduce hours in a way that appears discriminatory such as only for higher paid (and generally older) workers. Employers should be aware that the surge in claims has been so significant that the Department of Labor and Employment is staggering the days individuals should file claims by the first letter of the applicants last name. the uniform furnished by the employer is plain and washable and does not need or require special care such as ironing, dry cleaning, pressing, etc., the employer is not required to maintain or pay for cleaning. People at high risk for contracting COVID-19 and people who are sick are urged to stay in their residence to the greatest extent possible, unless to seek medical care. } The biggest benefit of this approach is that the cost is relatively stable. Be sure to drop her a note at shruti.kesavan@fyle.in, if you're looking for any guest blogging opportunities. Is a company obliged to pay for the costs incurred in connection with the use of a personal device for work? Definitions. Will any nonexempt employees be eligible for BYOD practices? However, adult drivers are prohibited from manual data entry and transmission on a cell phone (i.e., to send a text message or browse the internet) while behind the wheel. clothing that is ordinary, plain, and washable that is required as a uniform unless a special color, make, pattern, logo or material is required. Please log in as a SHRM member before saving bookmarks. The first thing you should do is check with your employer to see if they have an employee expense reimbursement policy already in place. Also, the details of the employee's cell phone plan do not factor into the liability analysis. For example, personal devices might not have an automatic lock code or timeout function, and many people do not use passwords to protect their laptops, tablets and smartphones. 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