HB 6536 — AN ACT REQUIRING EMPLOYERS TO PROVIDE EMPLOYEES WORKING FROM HOME CERTAIN EQUIPMENT OR REIMBURSEMENT FOR CERTAIN NECESSARY EXPENDITURES.
Last action — REF. BY HOUSE TO COMMITTEE ON Appropriations
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✓Introduced
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2In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
170 added · 13 removed170 line(s) added, 13 removed.
House of Representatives General Assembly SubstituteFile Bill No.
6536390 January Session, 2021 ANSubstitute ACTHouse REQUIRINGBill EMPLOYERSNo. TO PROVIDE EMPLOYEES WORKING FROM HOME CERTAIN EQUIPMENT OR REIMBURSEMENT FOR CERTAIN NECESSARY EXPENDITURES.
6536 House of Representatives, April 12, 2021 The Committee on Labor and Public Employees reported through REP.
PORTER of the 94th Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.
AN ACT REQUIRING EMPLOYERS TO PROVIDE EMPLOYEES WORKING FROM HOME CERTAIN EQUIPMENT OR REIMBURSEMENT FOR CERTAIN NECESSARY EXPENDITURES.
(3) "Necessary expenditures" means all expenditures required of the employee by the employer, in the discharge of employment duties that inure to the primary benefit of the employer, including, but not limited to,thecostofpurchasing:(A)Equipmentandtechnology,including,but notsHB6536 limited/ to,File computers,No. printers and cellular phones;
390 1 sHB6536 File No.
390 not limited to, computers, printers and cellular phones;
(ii) expenses or losses due to an LCOemployee's \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06536-R011own ofnegligence 4or HB.docxnormal Substitutewear Billor No.theft, unless the theft was a result of the employer's negligence;
6536 employee's own negligence or normal wear or theft, unless the theft was a result of the employer's negligence;
(d)An employer shall not berequiredtobe requiredto fully reimburse anemployee for necessary expenditures that are services that the employee concurrently receives for his or her own personal use, except that an employer shall reimburse an employee for not less than fifty per cent of the cost of such services.
An employer shall reimburse the employee for the necessary expenditure no later than thirty calendar days after receiving such appropriate supportingsHB6536 documentation/ orFile signedNo. statement.
(f)390 An2 employersHB6536 whoFile has reimbursed an employee for purchasing a necessary expenditure shall maintain ownership rights to the equipment and technology, services or office supplies for which the LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-065362 of 4 R01-HB.docx } Substitute Bill No.
6536390 employersupporting provideddocumentation suchor reimbursement,signed exceptstatement. that the provisions of this subsection shall not apply to reimbursements for services made pursuant to subsection (d) of this section.
(f) An employer who has reimbursed an employee for purchasing a necessary expenditure shall maintain ownership rights to the equipment and technology, services or office supplies for which the employer provided such reimbursement, except that the provisions of this subsection shall not apply to reimbursements for services made pursuant to subsection (d) of this section.
ThissHB6536 act/ shallFile takeNo. effect as follows and shall amend the following sections:
Section390 13 fromsHB6536 passageFile New section LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-065363 of 4 R01-HB.docx } Substitute Bill No.
6536390 StatementThis ofact Legislativeshall Commissioners:take effect as follows and shall amend the following sections:
Section 1 from passage New section Statement of Legislative Commissioners:
-LCO LCOsHB6536 R01-HB.docx/ }OUSERS\BARRYJN\WS\2021HB-06536-File 4No. of 4
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390 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note State Impact:
Agency Affected Fund-Effect FY 22 $ FY 23 $ Labor Dept.
GF - Cost 230,230 254,857 State Comptroller - Fringe GF - Cost 92,855 102,819 Benefits1 Labor Dept.
GF - Potential Minimal Minimal Revenue Gain All Various - Minimal Minimal Potential Cost Note:
GF=General Fund;
Various=Various Municipal Impact:
Municipalities Effect FY 22 $ FY 23 $ Various Municipalities Potential Minimal Minimal Cost Explanation The bill, which requires employers to reimburse employees for certain costs directly related to services performed for the employer, results in:
1) a General Fund cost of $323,085 in FY 22 and $357,676 in FY 23, 2) a potential minimal revenue gain to the extent there are violations found and civil penalties levied, and 3) a potential minimal cost to the state and municipalities as employers.
The Department of Labor would incur salary and fringe benefit costs of $317,685 in FY 22 and $351,776 in FY 23 for two Wage Enforcement The fringe benefit costs for most state employees are budgeted centrally in accounts administered by the Comptroller.
The estimated active employee fringe benefit cost associated with most personnel changes is 41.3% of payroll in FY 22 and FY 23.
sHB6536 / File No.
390 5 sHB6536 File No.
390 Agents and one part-time Staff Attorney to enforce the bill's provisions, which apply to approximately 110,000 employers and 1.6 million workers in the state.
There are also associated overhead costs estimated at $5,400 for FY 22 and $5,900 for FY 23 for computers, office supplies, etc.
The bill also results in a potential cost to the state and municipalities as employers to reimburse employees for costs related to working from home.
Any cost would depend on the types of supplies and equipment employees request reimbursement for.
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A state agency or municipality thatcurrentlyreimbursesworkersforwork-from-homeexpenseswould only incur a cost to the extent that the bill expands the type of expenses such state agency or municipality must reimburse.
These potential expenses are anticipated to be minimal.
The Out Years The annualized ongoing cost impacts identified above would continue into the future subject to inflation;
the ongoing revenue impact would continue into the future subject to the number of violations found.
sHB6536 / File No.
390 6 sHB6536 File No.
390 OLR Bill Analysis sHB 6536 AN ACT REQUIRING EMPLOYERS TO PROVIDE EMPLOYEES WORKING FROM HOME CERTAIN EQUIPMENT OR REIMBURSEMENT FOR CERTAIN NECESSARY EXPENDITURES.
SUMMARY This bill generally requires an employer to reimburse an employee for all necessary expenditures incurred by the employee within his or her scope of employment and directly related to services performed for the employer.
Under the bill, an employer is any person engaged in business who has one or more employees, including the state and its political subdivisions (e.g., municipalities).
Under the bill, “necessary expenditures” generally include expenditures the employer requires of the employee to perform his or her work duties that primarily benefit the employer (e.g., equipment, technology, and office supplies).
But it excludes certain expenditures, such asthosean employee agreesto incur before being assignedto work from home.
Additionally, the bill:
1.
excludes from its reimbursement requirements any employer that has its own written expense reimbursement policy and abides by it;
2.
establishes a process for employees to document necessary expenses and employers to provide reimbursements;
3.
establishes a process for employers and employees to file a complaint with the labor commissioner about violations of the bill’s requirements, and if aggrieved by the commissioner’s decision, appeal to the Superior Court;
sHB6536 / File No.
390 7 sHB6536 File No.
390 4.
generally grants ownership rights to employers for equipment and technology, services, or supplies they reimbursed employees for;
and 5.
authorizes the labor commissioner to adopt regulations to establish procedures and guidelines necessary to implement the bill.
EFFECTIVE DATE:
Upon passage EXPENSES AND EXCEPTIONS The bill defines “necessary expenditures” as any expenditures the employer requires of the employee in the discharge of work duties that primarily benefit the employer, including the cost of purchasing:
1.
equipment and technology, including computers, printers, and cellular phones;
2.
services, including internet provider services, mobile internet access services, and cellular telephone services;
and 3.
office supplies such as paper, printer ink, and toner.
The definition of necessary expenses excludes (1) expenses the employee agreed to bear before an assignment to work from home;
(2) expenses or losses due to an employee's own negligence, normal wear, or theft, unless the theft was a result of the employer's negligence;
and (3) expenses indirectly related to the employee's scope of employment, including costs related to traveling to and from the employee’s regular work location.
Under the bill, an employer is not required to fully reimburse an employee for necessary expendituresthat areservicesthat theemployee concurrently receives for his or her own personal use, but an employer mustreimburseanemployeefor atleast50%ofthecostoftheseservices.
The bill also exempts from the reimbursement requirement, an employer who provides the employee with all the equipment, technology, services, and related supplies necessary for the job.
sHB6536 / File No.
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390 EMPLOYER EXPENSE REIMBURSEMENT POLICIES An employer is not liable under the bill unless the employer authorized or required the employee to incur the necessary expenditure or the employer failed to comply with its own written expense reimbursement policy.
Under the bill, an employee is not entitled to reimbursement if the employer has an established, written expense reimbursement policy that the employee has reviewed and agreed to, but the employee failed to comply with.
REIMBURSEMENT DOCUMENTATION To receive reimbursement, the bill requires an employee to submit appropriate supporting documentation within 30 days after incurring the expense, although employers may allow for more time in a written expense reimbursement policy.
If the supporting documentation is nonexistent, missing, or lost, the employee can instead submit a signed statement regarding any receipts.
The employer has 30 days after receiving the documentation or statement to reimburse the employee.
COMPLAINTS AND ENFORCEMENT Under the bill, an employee or employer may file a complaint with the labor commissioner alleging violations of the bill.
Upon receipt of the complaint, the commissioner must investigate and may hold a hearing.
The bill requires the commissioner to send each party a written copy of his decision and may award appropriate relief.
If the commissioner finds that a party willfully violated the bill’s provisions, he may levy a civil penalty of up to $1,000 per violation.
Any party aggrieved by the commissioner’s decision may appeal to the Superior Court.
OWNERSHIP RIGHTS Under the bill, employers maintain ownership rights of any equipment and technology, services, or supplies which the employer provided reimbursement for, except when providing partial reimbursement for services the employee already receives.
COMMITTEE ACTION sHB6536 / File No.
390 9 sHB6536 File No.
390 Labor and Public Employees Committee Joint Favorable Yea 9 Nay 4 (03/23/2021) sHB6536 / File No.
390 10
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Action History
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REF. BY HOUSE TO COMMITTEE ON Appropriations
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FILE NO. 390
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HOUSE CALENDAR NUMBER 303
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FAV. RPT., TABLED FOR HOUSE CALENDAR
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RPTD. OUT OF LCO
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REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/12/21
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FILED WITH LCO
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Joint Favorable
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PUBLIC HEARING 0304
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REF. TO JOINT COMM. ON Labor and Public Employees
Sponsors
- Philip L. Young · Primary
- Kevin Ryan · Primary
- Dorinda Borer · Primary
- Travis Simms · Primary
- Jillian Gilchrest · Primary
Sponsorship breakdown
Export CSV (upgrade) →5 sponsors · 0 co-sponsors · 182 not signed on
Sponsors (5)
- Young, Philip L.
- Ryan, Kevin
- Borer, Dorinda
- Travis Simms Democratic
- Jillian Gilchrest Democratic
Co-sponsors (0)
None.
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors HB 6536?
- HB 6536 is sponsored by Young, Philip L., Ryan, Kevin, Borer, Dorinda, Travis Simms (Democratic), and Jillian Gilchrest (Democratic).
- What is the current status of HB 6536?
- This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 6536?
- Track HB 6536 free on One Click Politics — get push/email alerts when it moves.
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