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Under the law of employment at will, the policy can be changed. As explained below, reimbursement might be required in these states for business-related . Under MCL 408.478, “An employer, agent or representative of an employer, or other person having authority from the employer to hire, employ, or direct the services of other persons in the employment of the employer shall not demand or receive, directly or indirectly from an employee, a fee, gift, tip, gratuity, or other remuneration or consideration, as a condition of employment or continuation of employment.” This statute serves several purposes. When developing and implementing a policy, employees need to be treated equally in that they all need to be reimbursed for work related phone use. Differences in reimbursement can be justified based on position (and amount of usage). Under MCL 408.478, "An employer, agent or representative of an employer . the Michigan public records laws, court order or state and federal laws. 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. ÐÏࡱá > þÿ ; = þÿÿÿ . Thus, to be in compliance with section 2802, the employer must pay some reasonable percentage of the employee's cell phone bill. 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. If You Are On Call at Work. 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 Longer Answer with Practice Recommendations: An Employer Must Reimburse An Employee For The Employee’s Use Of A Personal Cell Phone For Work Related Duties. The Michigan Department of Treasury is the custodian of these assets and returns them to their owners (or the owners' heirs) when they are rightfully claimed. MCL 408.483(2). In other words, the statutes prevent your employer from taking any retaliatory action against you or anyone else who speaks up on your behalf. Our Cell Phone . 1144-1145.). However, the court did not provide guidance as to what is meant by “reasonable percentage.” Does it mean 20 percent? 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". 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. What can I do? Employees who meet the urgent/emergent criteria as stated may request reimbursement of $240 every 6 months . Otherwise, the employer would receive a windfall because it would be passing its operating expenses onto the employee. Also, the details of the employee's cell phone plan do not factor into the liability analysis. So, I figured everything was fine. However, what is not well understood (or developed in the law) is how much must be reimbursed. 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. Is Michigan a hands free phone state? •Compliance with HIPAA). 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. 4th 1137, 1140. 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. Covering work-from-home expenses has become a . 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). They are now requiring the staff members to use their personal cell phones while they are at work by using whats app (messaging app) as a business communication tool. 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? 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. The Reimbursement Amount Is A Reasonable Percentage Of The Employee’s Phone Bill, Employers Must Reimburse Employees For Work Related Cell Phone Use. NCSL's Power BI driving charts provide a detailed overview of current laws in all 50 states and the District . 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. 2 In California, persons are prohibited from driving a motor vehicle while holding and operating a phone or electronic communication device. For legal assistance, contact a lawyer. Yes. Here, real people ask questions and attorney Steven Shelton finds the answers. 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. In other words, no deduction may be made from an employee's wages which would reduce the employee's earnings below the required minimum wage or overtime compensation. On the federal level, there is no requirement for employers to reimburse employees for mileage when using personal vehicles for company purposes . This entry does not give specific legal advice about your specific legal problem. 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. Proof of consent must be maintained in the patient's up-to-date medical record and retained in compliance with section 16213 of the code, MCL 333.16213. Representation in business, real estate, construction, home care, trust and probate litigation and general civil litigation. This means that employers are free to examine the contents of the phone, even . Under California law, employers are required to reimburse employees for all necessary expenses incurred for their work. State Regulation of Private Schools provides a brief description for each state of state legal requirements that apply to K-12 private schools in the United States. Employment law related to mileage reimbursement. 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? at p. Otherwise, the employer would receive a windfall because it would be passing its operating expenses onto the employee. Got a question for “Ask a Lawyer”? Schipani v. Ford Motor Co., 302 N.W.2d 307, 102 Mich. App. So the general rule is this: an employer can make you pay for personal calls, but not calls required for your job. My boss said that the telephone was for work, but that it was “expected” that I would also use it to make personal calls. The company then reimburses the initial cost of the cell phone and the service plan fees each month on receiving the associated receipts. 7. . Moreover, IRS Notice 2011-72 indicates that the employee will not need to substantiate that all or a portion . This entry does not create an attorney-client relationship. As of 2015 rates are adjusted on an annual basis according to this file. § 257.602b(1). Distracted Driving Cell Phone Use. The rest is up to states and individual employers. 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. 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. 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 . 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? This limit is $30,000 for materials and supplies, and 250,000*$ for public works. The answer is that reimbursement is always required. He even recommended that I get rid of the cell phone I already had. / 0 1 2 3 4 5 6 7 8 9 : ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿì¥Á @ ø¿ &á. 606. Conversely, however, calls that one is required to make for one’s work are a condition of employment, and an employer who requires employees to pay for such calls violates the statute. Reimbursement is required even if the employee does not actually incur extra expenses as a result of his or her use. The answer is that reimbursement is always required. FAQs: Expense Reimbursement Amidst the New Work-From-Home Normal. ), Per the Cochran court, “The purpose of this statute is “ ‘to prevent employers from passing their operating expenses on to their employees.’“ (Id. Cellphone use laws by state. As a result, many employers . But work usage may vary depending on the position. The second issue here is what your employer might be able to do to intimidate other employees into making false statements. 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 . The arrangement provides, after the eligible employee provides proof of coverage, for the payment or reimbursement of the medical expenses incurred by the employee or the employee's family members. There are at least three other guys who have had similar experiences. Federal law requires reimbursement only when required expenses push a worker's earnings below minimum wage. F. Cell phones can be used to both send and receive text messages, pictures, recordings, videos, and e-mail communications. 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. The Michigan Legal Help website and affiliated local self-help centers are part of the Michigan Legal Help Program. Note that open records laws (e.g., Freedom of Information Act, or FOIA) may . The purpose of the public bid law is to The Michigan cell phone law can help prevent a tour bus accident from happening. 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. To search the Michigan Department of Treasury's Unclaimed Property database, enter a name or business name and select "Search". 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. One key purpose is in the prevention of schemes to avoid paying the contracted for wage; an employer might hire an employee at $8 an hour, but charge $4 per hour for “equipment rental”, thus paying only $4 per hour in real wages. 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. 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