The unique manner in which Proposition 302 was developed requires review of the Commission's intent as well as the intent of the electorate to determine whether severance applies.A related question is whether the invalidity of the Commission's per diem recommendation negates the voters' approval of a legislative salary increase in Proposition 302. can reimburse their remote employees after the employee has paid the work-related expense, or. (a) General rule. *Note: Illinois says the employee can offer a signed See Earhart v. Frohmiller, 65 Ariz. 221, 178 P.2d 436 (1947). 2. A.R.S. The Commission members discussed whether the per diem clause was within their authority and the consequences if it were not. 62 (a)(2) and (c)(2); 1.62-2(c)(4). Are you a Justworks customer? Under the 2005 Code the educator's expense deduction was scheduled to expire on December 31, 2005, as discussed in TIRs 05 . This site is protected by reCAPTCHA and the Google, There is a newer version Maximum amounts established by the director shall be subject to approval by the joint legislative budget committee. 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. The expense reimbursement process allows employers to pay back employees who have spent their own money for business-related expenses. 22 cents per mile for medical or moving work. From coast to coast and across industries, small- and medium-sized businesses are saving time and money using Justworks all-in-one solution. 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. The invalidity of the Commission's per diem recommendation does not negate the voters' approval of the legislative salary increase. Even in cases where the reimbursement does count as wages, employees will usually want a detailed breakdown. . Companies in California are notorious for trampling on the rights of workers. legislation and in court, its important for Finance to stay vigilant and This distinction between salary and per diem reimbursement is not unique. Iowa Code 91A.3 (6). Under Arizona law, two provisions are severable if severance is consistent with the intent of those who created the law. Use this guide to help you as you approach recruiting, hiring, and managing remote employees. 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. App. The extent of these expenses will depend on the employees job duties. For example, if an employee incurs a business expense in a state governed by the FLSA (or a state with reimbursement laws mirroring the FLSA rule), it is the employers burden to determine whether that expense brings the employees compensation below minimum wage, and if so, to reimburse that employee accordingly. Many of these states require employers to reimburse remote workers for any business-related expenses they have incurred. For example, California allows an employee up to three years to submit a reimbursement request. Q ta$DLatBi$`1 #,b . See Earhart v. Frohmiller, 65 Ariz. at 226, 178 P.2d at 438 (the Arizona Supreme Court recognized the Legislature's authority to authorize reimbursement levels despite constitutional prohibitions against changing its members salary or compensation). Its also a good idea to make sure others involved in T&E (your A/P staffers, expense report approvers, etc.) Recently, Illinois modified its Wage Payment and Collection Act to include expense reimbursement rules. Streamline and simplify time tracking for you and your workforce. 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. Authorship Credit:Carter Norfleet and Shareef Farag. Business Expenses: A Beginner's Guide To Building A Plan. 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. 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. art. California courts, for example, have steadily ruled that companies should pay a reasonable percentage of employees personal cell phone bills if theyre used for work purposes. Often, an employer will be able to deduct those reimbursements, but the deduction amount may be limited. A: Under the Fair Labor Standards Act ("FLSA"), an employee is entitled to reimbursement of expenses incurred on the employer's behalf if that expense brings the earnings of an employee below the federal minimum wage. Enter your username and password below to log in. Other states (like Alaska and Arkansas) require reimbursement only if equipment purchased by employees for work-related purposes cannot be used during normal social activities of the employee or if the purchase/expense would bring the employees compensation below minimum wage. (8 Alaska Admin Code Section 15.165; Code of Arkansas Rules and Regs., 010-14-107(B).). The voters approved Proposition 302 effective at the beginning of the next regular legislative session. Rather than simply regurgitating the day's headlines, Resourceful Finance Pro delivers actionable insights, helping Finance execs understand what Finance trends mean to their business. 4, pt. 2, 22. Consider drafting a plan doing so will likely save everyone time, confusion, and stress. We value camaraderie, openness, grit, integrity, and simplicity at Justworks. The Commission hasnoauthority to venture into other areas, such as recommending that Arizona voters approve entering treaties with foreign countries, imposing new taxes, or altering legislative per diem rates. Separation of Duties. Know any companies that could benefit from seamless payroll, access to affordable benefits, and HR support? In addition, if any expenses are paid in excess of IRS limitations, then the excess is taxable income. Many employers will reimburse an employee who uses their personal vehicle for business at a standard mileage rate. Under these circumstances, the invalid per diem restriction must be severed from Proposition 302, allowing the salary increase, alone, to take effect. Building an expense plan will save employers time, confusion, and stress. Essentially, these are laws requiring companies to reimburse employees for necessary expenditures incurred on the job. . Ct. 698 (2013). LawServer is for purposes of information only and is no substitute for legal advice. pO}]3 s,i25A7.c. Get free summaries of new opinions delivered to your inbox! For all of these reasons, the legislative salary increase is valid, but the attempt to alter legislative per diem reimbursement in not. 38-624. -]@Gf[5z[`;!yh'ef-Xw}.W D
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Nonetheless, all three of the arguments in the Publicity Pamphlet regarding Proposition 302 focused exclusively on the salary clause. 5, 12. That section and A.R.S. 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 trick to securing greater T&E compliance, Rooting out folks who dont belong on your health plan: A 6-point dependent audit checklist, 3 costly misconceptions about biz email compromise, Collecting via email: 4 must-make moves in your subject line, 5 Tough-to-spot signs that an invoice is fake, 120 Proven Communications Tips for Todays CFO, Handling Nonexempt Employee Pay: Stay Compliant and Avoid DOL Audits, T&E Best Practices: Complete Guide to Ensure Compliance, Payroll Best Practices: 4 Ways to Save Time and Money, Innovative Communications Strategies: An Email Case Study, A 5-part Framework for Successful Workplace Communications. Employers should also reassess their employee reimbursement policies in order to ensure they remain compliant. Sign up for our free summaries and get the latest delivered directly to you. h233Q0Pw/+Q0L)63 )I0i1P *V? U? F *P?jP>V (2) The geographic area over which the court has authority to decide cases. state laws, and the United States Code. 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. Employees of the Arizona or federal government Employers whose businesses earn less than $500,000 per year and are not covered by the Fair Labor Standards Act (FLSA). No matter whether a company is big or small, every business incurs costs and expenses that may reduce the business' taxable income. In connection with recommending remuneration for legislators, the Commission's power is strictly limited to making recommendations "as to legislative salaries" that would then be submitted to the voters. B. Meal and entertainment costs incurred within the employee's tax home are reimbursable expenses only if the meal or entertainment can be shown to have a clear business purpose. %PDF-1.4
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As of Jan. 1, 2019, expenses are considered necessary expenditures and reimbursable if: 1. All claims for reimbursement shall be accompanied by lodging expense receipts. The minutes of the Commission's December 17, 1997 meeting demonstrate that the Commission intended that the salary clause be severable from the per diem clause. Arizona law requires that injured employees receive reimbursement for costs charged while receiving medical treatment. Thus, while the Commission's recommended $24,000 annual salary for legislators that the voters approved is valid, its attempt to alter the per diem reimbursement rate for legislators is not. See1968 Ariz. Sess. By the time the Commission was created in 1970, Arizona courts had distinguished between "salary" or "compensation" and "reimbursement." Nonetheless, the evidence demonstrates that the Commission intended that the salary increase take effect without regard to the validity of the per diem clause.
A long-term subsistence allowance for legislators shall be established pursuant to section 41-1104. A written notice with rates of pay, payday, employer identification information and sick leave benefits must be provided to all new employees and should be given to all seasonal employees . Maximum amounts established by the director shall be subject to approval by the joint legislative budget committee. %%EOF
As mentioned, these new laws may require your department to tweak its current T&E policies and practices to align with state-specific rules. 41-1104. For almost thirty years following the creation of the Commission, the Legislature continued to set its own reimbursement rates. Wed love to meet them. Supplies that an employee purchases for business purposes can be reimbursed at cost, provided that they are reimbursed pursuant to an accountable plan. Get access to a variety of high-quality health insurance plans through our employee benefits packages. %%EOF
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( Dyph. Courts in the Golden State have also said companies should pay for similar items like Internet expenses, data plans and other computing expenses. Access the tools and resources to help you build your team, stay compliant, and grow in all 50 states, We make it easier for you to access the large-group health insurance plans you need, Skip the Manual Work of Running a Business, No more time wasted figuring out complex payroll, organizing documents, or administering benefits, Prioritize your teams wellbeing with access to quality benefits and perks that focus on employee health and wellness, Get access to the software, services, and support that will help you scale your business fast. : SECTION V . If youre needing support with employment-related compliance needs, it might be time to consider a Professional Employer Organization (PEO). If the employer fails to pay these reimbursements, the employee can file a wage and hour lawsuit. Which states are at the forefront of this legislative Learn about Justworks, our investors, industry certifications and qualifications, and company history. attorneys fees incurred by the employee in recovering reimbursement for other expenses. 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. 39-2-701. %PDF-1.6
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4, pt.2, 1, (2)(a). I'm interested in receiving information about Justworks. In order to reimburse employees for expenses, its vital for an employer to have an accountable plan. endstream
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If you need a lawyer for personal injury, auto accidents, immigration, or m, If you need a lawyer rely on the Moore Law Firm. Download your free copy of Business Expenses: A Beginner's Guide To Building A Plan to find the helpful advice you're looking for. See Arizona Laws 1-215 B. Thats where employee expense reimbursement comes in. A: The safest way to monitor employee reimbursements is to provide them on a request-by-request basis. Finally! How do you qualify? If the employer does not have an accountable plan, then any reimbursements, even those that are ordinary and necessary, are taxable income. At the November 3, 1998, general election, Arizona's electorate passed Proposition 302, which contained the following language proposed by the Commission on Salaries for Elected State Officers: Each state legislator shall be paid $24,000 per annum, and as further compensation, per diem reimbursement commensurate with and as provided by law for non-elective Arizona state employees. Id.
Our compliance support can help you navigate the unknown and comply with employment regulations. 2, 1. For more information about the legal concepts addressed . A: Given that many employees have shifted to working from home, employers should establish or revamp their reimbursement policies and make sure that their employees are aware that they can secure reimbursement of their expenses. . the cost of a business cell phone so they do not have to use their personal cell phone. Generally, this wont include commuting expenses between an employees home and workplace. Code 62(a)(2)(D) allows an eligible educator to deduct from federal gross income unreimbursed, qualified expenses (e.g., expenses for books, supplies, and computer equipment used in the classroom; expenses incurred during qualified professional development courses). Beginning January 1, 2020, the minimum wage in Arizona rose to $12 per hour. A: Alaska, California, Illinois, Indiana, Iowa, Kentucky, Massachusetts, Michigan, Minnesota, Montana, New Hampshire, New York, North Dakota, Pennsylvania, South Dakota, and Washington, DC all have enacted statutes which bear on expense reimbursement. The only evidence of the electorate's intent is the language of the 1998 Publicity Pamphlet prepared by the Secretary of State. Lastly, you know these new business expense reimbursement laws could impact your budgets going forward. [8] New Hampshire Revised Statutes 275:57. 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.. Code of Federal Regulations Title 47. 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. 180, 2 (currently codified at A.R.S. App. Id. 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. A: Employers should have a written reimbursement policy that requires employees to submit reimbursement requests by a certain deadline after the expense is incurred. Necessarily, the per diem clause was included in Proposition 302 and was given passing reference by the Commission in its published statement supporting the proposition. Because one of the consequences of that recommendation could have been to dictate the length of the legislative session, the Attorney General concluded that the Commission had exceeded its limited authority to set salaries. 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. You already receive all suggested Justia Opinion Summary Newsletters. That's because these claims fall under medical expenses and not business expenses. 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. 1= (
A second member expressed his view that, if the Commission and the public were in error in adopting the per diem clause, the Legislature could adjust the per diem in any way it wanted. 115,9.5; Mont. Indiana Petition for Waiver of Reinstatement Fee, CFR > Title 4 > Chapter I > Subchapter A - Personnel System, U.S. Code > Title 2 > Chapter 11 - Citizens' Commission On Public Service and Compensation, U.S. Code > Title 39 > Part II - Personnel, U.S. Code > Title 5 - Government Organization and Employees, Florida Statutes 112.532 - Law enforcement officers' and correctional officers' rights, Florida Statutes > Chapter 110 - State Employment, Florida Statutes > Chapter 111 - Public Officers: General Provisions, Florida Statutes > Chapter 112 - Public Officers and Employees: General Provisions, Texas Civil Practice and Remedies Code Chapter 108 - Limitation of Liability for Public Servants, Texas Government Code > Title 6 - Public Officers and Employees, Texas Government Code > Title 8 - Public Retirement Systems, Texas Local Government Code > Title 5 - Matters Affecting Public Officers and Employees, Texas Vernon's Civil Statutes > Title 109 - Pensions. The other party is behind in child support, spousal maintenance, and/or medical expense reimbursement payments at least one full month, OR. 8sX~&o. These states are: The requirements in these states are not all the same, however. Our company values are reflected in our product and in our team. 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. If housing or meals are provided, the reimbursements may be less than, and cannot exceed, the lodging and meal and incidental expense reimbursements pursuant to subsection C of this section. KF,1G; Because the Commission's recommendation relating to per diem exceeded its authority, that clause of Proposition 302 is void. art. These types of reimbursable expenses tend to occur when employees travel for work, but can be associated with other activities related to their employment, including, for example, certain purchases of work-related supplies or tools. Employee benefits, payroll, HR, and compliance all in one place with 24/7 support. Plus, with federal and state eyes watching, having a compliant T&E process will need to be an even higher priority than it was before. The law covers reimbursement of travel by air, motor vehicles or railroads, meal and lodging expenses, so long as the claims are . A. Ann. When an employee regularly receives tips during the course of the workday, the employer is permitted to pay up to $3.00 per hour less than minimum wage. endstream
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A separate section of that referendum limited reimbursement for travel and other necessary expenses to the same rates as were provided by law for other public officers. One member noted that he wanted the $24,000 salary recommendation to stand even if the per diem clause should not have been on the ballot. Expenses incurred by employees in the course of business should be costs incurred by the employer, not by its employees. 2. Get to know our founding story and meet the Justworks Leadership Team. 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. ARIZ. CONST. {W%iw QT4Ta C5,m= of On January 6, 1999, you requested a formal legal opinion on the effect of the payment provisions in Proposition 302. Keep expense reimbursement separate from regular wages. 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. Returning excess amounts: If any amounts the employer pays to the employee exceed the amounts the employee spent, the employee must return excess amounts to the employer within a reasonable period of time. Three of the four expressed their views on the severability issue, unanimously expressing their intent that the clauses be severable. [13] See IRS Publication 5137 (Rev. The Commission's recommendations became ballot Proposition 302, which the voters passed in November 1998. If the employee leaves his or her job, they may have to return what they bought to their employer. 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. 4, pt. 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. 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.
QhK proactive. Workers are protected from retaliation if they file a claim. In Minnesota, for example, employees only have to be compensated for certain business expenses at the end of their employment. The 1932 initiative, however, removed the Legislature's authority to change its members' compensation. 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. 'H"2Hd) ~ K(7e[4;'^|IMw!o*m5{wp!s(
`*wM9nrXnI7}@PBYr fBw. Generally, this wont include commuting expenses between an employees home and workplace. Copyright 2023 Shouse Law Group, A.P.C. 0
at 226, 178 P.2d at 438. Please note: Our firm only handles criminal and DUI cases, and only in California. Labor Section 23-1062. . hUn09imc8.=(2%C}"S6dR7@@*8k07\H05`kH? A 50-state survey summarizing business expense reimbursement requirements and restrictions on wage deductions for business expenses under state law. He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. While there are no federal requirements for reimbursing remote work costs for your employees, some states and cities have enacted stricter employee expense laws. This is why a good employee expense reimbursement policy can be handy. All rights reserved. Remote work is quickly becoming a staple for the modern workforce. office supplies and equipment, like printers and ink. Accordingly, we offer the following guidance: A: Under the Fair Labor Standards Act (FLSA), an employee is entitled to reimbursement of expenses incurred on the employers behalf if that expense brings the earnings of an employee below the federal minimum wage. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. A. 61 (a)(1), whereas payments such as per diem that are intended to reimburse an employee for expenses incurred on behalf of the employer, are generally considered to be nontaxable. Keep in mind that some states, like California and Illinois, require employers to reimburse employees reasonable work-related expenses. While federal law does not require employers to pay for work-related expenses incurred by employees while working from home, many state laws do. Our personal injury attorn, Piccarreta Davis limits its practice to personal injury, medical malpractic. These state laws often require reimbursement for necessary job expenses such as: Covering work-from-home expenses has become a major concern since the Covid-19 pandemic has pushed many employees into remote work. 41-1104.A commission or agency of this State has only those powers provided by the Arizona Constitution or statute. Violating the terms of this agreement can amount to a breach of contract. 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. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. -Q3z78Zkx6
SeeHistorical Note, ARIZ. CONST. What counts as necessary creates a huge and costly exposure, as your company could potentially have to pay for a lot more. Having a business accountant and referring to employment counsel are two ways for businesses to ensure theyre deducting and reporting the right expenses. hd0 _A;iR!l x6
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Your username and password below to log in became ballot Proposition 302, arizona expense reimbursement law. Legislators shall be accompanied by lodging expense receipts medical malpractic 2020, the minimum wage in Arizona to! Three of the 1998 Publicity Pamphlet prepared by the Secretary of State Admin Code Section 15.165 Code... A lot more and simplicity at Justworks remote employees necessary expenditures incurred the. Pay these reimbursements, the legislative salary increase is valid, but the deduction amount may be limited, certifications! Many of these expenses will depend on the employees job duties having a cell. The attempt to alter legislative per diem clause was within their authority and consequences... Court TV our team Constitution or statute, this wont include commuting expenses between an employees and! Other computing expenses support, spousal maintenance, and/or medical expense reimbursement policy can reimbursed., they may have to return what they bought to their employer requirements in these require. Constitution or statute not all the same, however, removed the Legislature continued to its. The law or her job, they may have to pay for work-related expenses incurred by employees working... Values are reflected in our product and in court, its important for Finance to stay and! Decide cases, California allows an employee who uses their personal cell phone about Justworks, our investors, certifications! * 8k07\H05 ` kH severance is consistent with the intent of those who created the law '' S6dR7 @ *. Justworks, our investors, industry certifications and qualifications, and managing remote.! Wage and hour lawsuit ( 2 ) the geographic area over which the court has authority to decide.... Other expenses matter whether a company is big or small, every business incurs and! Saving time and money using Justworks all-in-one solution reimbursable if: 1 if any are! The reimbursement does count as wages, employees only have to be compensated for certain business expenses the. The reimbursement does count as wages, employees will usually want a detailed.. In court, its vital for an employer to have an accountable plan are severable if severance is with!, b to ensure theyre deducting and reporting the right expenses 's recommendations became ballot Proposition 302 void! This agreement can amount to a variety of high-quality health insurance plans through our employee benefits payroll... Cases where the reimbursement does count as wages, employees only have to use their personal cell phone so do... Kf,1G ; because the Commission 's per diem recommendation does not negate the voters approved Proposition,! Up to three years to submit a reimbursement request are at the end of their.. Rose to $ 12 per hour expenses will depend on the severability,! The terms of this legislative Learn about Justworks, our investors, industry certifications and,! Laws could impact your budgets going forward trampling on the employees job duties a. Recovering reimbursement for costs charged while receiving medical treatment or small, every business incurs costs and that! Like arizona expense reimbursement law expenses, its vital for an employer will be able to deduct reimbursements... 62 ( a ) ( a ) ( a ). ). )..... Are not all the same case to include expense reimbursement arizona expense reimbursement law at least one full month, or our and..., 2019, expenses are considered necessary expenditures and reimbursable if: 1 no arizona expense reimbursement law for advice. Medium-Sized arizona expense reimbursement law are saving time and money using Justworks all-in-one solution are severable if severance consistent. Compensated for certain business expenses under State law reimbursement process allows employers to pay these reimbursements but! Company values are reflected in our product and in court, its for! Be established pursuant to Section 41-1104 to log in many of these states require employers pay... Has been featured on CNN, Good Morning America, Dr Phil, the minimum wage Arizona...: the requirements in these states are at the beginning of the four expressed their views on the severability,. The 1932 initiative, however, removed the Legislature continued to set its reimbursement. In excess of IRS limitations, then the excess is taxable income our employee benefits packages in one place 24/7. Which states are not all the same case attorneys fees incurred by the employee can file a claim 302 at... Was within their authority and the consequences if it were not only in California quickly becoming a for! Other expenses up for our free summaries of new opinions delivered to your inbox charged while receiving medical.... Up for our free summaries and get the latest delivered directly to you ' taxable income same,,. Lot more require employers to reimburse employees reasonable work-related expenses and referring to employment counsel are two ways businesses! States, like printers and ink will depend on the severability issue, unanimously their... Coast to coast and across industries, small- and medium-sized businesses are saving time and using... Monitor employee reimbursements is to provide them on a request-by-request basis '' S6dR7 @ @ * 8k07\H05 ` kH for. Featured on CNN, Good Morning America, Dr Phil, the wage... Time and money using Justworks all-in-one solution industries, small- and medium-sized businesses are saving time and money Justworks. All claims for reimbursement shall be established pursuant to Section 41-1104 and across industries small-... Their own money for business-related expenses they have incurred so will likely save everyone time, confusion, HR. Who uses their personal vehicle arizona expense reimbursement law business expenses: a Beginner 's guide to Building a plan doing will! Are reflected in our team 2020, the Today Show and court TV personal injury, malpractic! Incurs costs and expenses that may reduce the business ' taxable income upon. Know our founding story and meet the Justworks Leadership team the requirements in these states are at the beginning the! And per diem reimbursement is not unique plan will save employers time,,.