Researcher: JM Page 1 4/12/21
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 as those an employee agrees to incur before being assigned to
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;
4. generally grants ownership rights to employers for equipment 2021HB-06536-R000390-BA.DOCX
Researcher: JM Page 2 4/12/21
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 EXCEPTI ONS
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 expenditures that are services that the
employee concurrently receives for his or her own personal use, but an
employer must reimburse an employee for at least 50% of the cost of
these services. 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. 2021HB-06536-R000390-BA.DOCX
Researcher: JM Page 3 4/12/21
EMPLOYER EXPENSE REI MBURSEMENT 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 DOCUME NTATION
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 ENFOR CEMENT
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 2021HB-06536-R000390-BA.DOCX
Researcher: JM Page 4 4/12/21
Labor and Public Employees Committee
Joint Favorable
Yea 9 Nay 4 (03/23/2021)