Connecticut 2021 Regular Session

Connecticut House Bill HB06536 Compare Versions

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Version 2 (New)

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	3	+	LCO No. 3794 1 of 4
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7		-	General Assembly ~~Substitute~~ Bill No. 6536
	5	+	General Assembly Raised Bill No. 6536
8	6		January Session, 2021
	7	+	LCO No. 3794
	8	+
	9	+
	10	+	Referred to Committee on LABOR AND PUBLIC EMPLOYEES
	11	+
	12	+
	13	+	Introduced by:
	14	+	(LAB)
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12		-	~~AN ACT REQUIRING EMP LOYERS TO PROVIDE EM PLOYEES~~
13		-	~~WORKING FROM HOME CE RTAIN~~ EQUIPMENT OR
14		-	REIMBURSEMENT FOR ~~CE RTAIN NECESSARY EXPE NDITURES~~.
	18	+
	19	+	AN ACT REQUIRING ADE QUATE EQUIPMENT AND
	20	+	REIMBURSEMENT FOR EM PLOYEES WORKING FROM HOME.
15	21		Be it enacted by the Senate and House of Representatives in General
16	22		Assembly convened:
17	23
18	24		Section 1. (NEW) (Effective from passage) (a) For purposes of this 1
19	25		section: 2
20	26		(1) "Employer" means any person engaged in business who has one 3
21	27		or more employees, including the state and any political subdivision of 4
22	28		the state; 5
23	29		(2) "Employee" means any person engaged in service to an employer 6
24	30		in the business of the employer; 7
25	31		(3) "Necessary expenditures" means all expenditures required of the 8
26	32		employee by the employer, in the discharge of employment duties that 9
27	33		inure to the primary benefit of the employer, including, but not limited 10
28	34		to, the cost of purchasing: (A) Equipment and technology, including, but 11
29		-	not limited to, computers, printers and cellular phones; (B) services, 12
30		-	including, but not limited to, internet provider services, mobile internet 13
31		-	access services and cellular telephone services; and (C) office supplies 14
32		-	such as paper, printer ink and toner. "Necessary expenditures" do not 15
33		-	include (i) expenses agreed to be borne by the employee prior to an 16
34		-	assignment to work from home; (ii) expenses or losses due to an 17 Substitute Bill No. 6536
	35	+	not limited to, items such as computers, printers and cellular phones; 12
	36	+	(B) services, including, but not limited to, services such as internet 13
	37	+	provider services, mobile internet access services and cellular telephone 14 Raised Bill No. 6536
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41		-	employee's own negligence or normal wear or theft, unless the theft was 18
42		-	a result of the employer's negligence; or (iii) expenses indirectly related 19
43		-	to the employee's scope of employment, such as costs related to 20
44		-	traveling to and from the employee's regular work location. 21
45		-	(b) An employer shall reimburse an employee for all necessary 22
46		-	expenditures incurred by the employee within the employee's scope of 23
47		-	employment and directly related to services performed for the 24
48		-	employer. 25
49		-	(c) The provisions of subsection (b) of this section shall not apply to 26
50		-	an employer who provides an employee with all equipment and 27
51		-	technology, services and office supplies necessary for the employee's 28
52		-	scope of employment and directly related to services performed for the 29
53		-	employer. 30
54		-	(d) An employer shall not be required to fully reimburse an employee 31
55		-	for necessary expenditures that are services that the employee 32
56		-	concurrently receives for his or her own personal use, except that an 33
57		-	employer shall reimburse an employee for not less than fifty per cent of 34
58		-	the cost of such services. 35
59		-	(e) An employee shall report to the employer any necessary 36
60		-	expenditures and provide appropriate supporting documentation not 37
61		-	later than thirty calendar days after incurring the expense, except that 38
62		-	an employer may provide additional time for submitting requests for 39
63		-	reimbursement in a written expense reimbursement policy. Where 40
64		-	supporting documentation is nonexistent, missing or lost, the employee 41
65		-	shall submit a signed statement regarding any such receipts. An 42
66		-	employer shall reimburse the employee for the necessary expenditure 43
67		-	no later than thirty calendar days after receiving such appropriate 44
68		-	supporting documentation or signed statement. 45
69		-	(f) An employer who has reimbursed an employee for purchasing a 46
70		-	necessary expenditure shall maintain ownership rights to the 47
71		-	equipment and technology, services or office supplies for which the 48 Substitute Bill No. 6536
	41	+	LCO No. 3794 2 of 4
	42	+
	43	+	services; and (C) employment-related supplies such as paper and 15
	44	+	printer ink and toner. Necessary expenditures do not include (i) 16
	45	+	expenses agreed to be borne by the employee prior to an assignment to 17
	46	+	work from home; (ii) expenses or losses due to an employee's own 18
	47	+	negligence, normal wear, or theft, unless the theft was a result of the 19
	48	+	employer's negligence; or (iii) expenses indirectly related to the 20
	49	+	employee's scope of employment, such as costs related to traveling to 21
	50	+	and from the employee's regular work location. 22
	51	+	(b) An employer shall reimburse an employee for all necessary 23
	52	+	expenditures incurred by the employee within the employee's scope of 24
	53	+	employment and directly related to services performed for the 25
	54	+	employer. 26
	55	+	(c) The provisions of subsection (b) of this section shall not apply to 27
	56	+	an employer who provides an employee with all equipment and 28
	57	+	technology, services and employment-related supplies necessary for the 29
	58	+	employee's scope of employment and directly related to services 30
	59	+	performed for the employer. 31
	60	+	(d) An employer shall not be required to fully reimburse an employee 32
	61	+	for necessary expenditures that are services that the employee 33
	62	+	concurrently receives for his or her own personal use, provided an 34
	63	+	employer shall reimburse an employee for not less than fifty per cent of 35
	64	+	the cost of such services. 36
	65	+	(e) An employee shall report to the employer any necessary 37
	66	+	expenditures and provide appropriate supporting documentation not 38
	67	+	later than thirty calendar days after incurring the expense, except that 39
	68	+	an employer may provide additional time for submitting requests for 40
	69	+	reimbursement in a written expense reimbursement policy. Where 41
	70	+	supporting documentation is nonexistent, missing, or lost, the employee 42
	71	+	shall submit a signed statement regarding any such receipts. An 43
	72	+	employer shall reimburse the employee for the necessary expenditure 44
	73	+	no later than thirty calendar days after receiving such appropriate 45
	74	+	supporting documentation or signed statement. 46 Raised Bill No. 6536
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78		-	employer provided such reimbursement, except that the provisions of 49
79		-	this subsection shall not apply to reimbursements for services made 50
80		-	pursuant to subsection (d) of this section. 51
81		-	(g) An employee shall not be entitled to reimbursement under this 52
82		-	section if (1) the employer has an established written expense 53
83		-	reimbursement policy that the employee has reviewed and agreed to, 54
84		-	and (2) the employee failed to comply with the written expense 55
85		-	reimbursement policy. 56
86		-	(h) An employer is not liable under this section unless the employer 57
87		-	authorized or required the employee to incur the necessary expenditure 58
88		-	or the employer failed to comply with its own written expense 59
89		-	reimbursement policy. 60
90		-	(i) An employee or employer may file a complaint with the Labor 61
91		-	Commissioner alleging violations of this section. Upon receipt of the 62
92		-	complaint, the commissioner shall investigate such complaint and may 63
93		-	hold a hearing. The commissioner shall send each party a written copy 64
94		-	of the commissioner's decision and may award all appropriate relief. If 65
95		-	the commissioner finds that a party wilfully violated this section, he or 66
96		-	she may levy a civil penalty of up to one thousand dollars per violation. 67
97		-	Any party aggrieved by the decision of the commissioner may appeal 68
98		-	the decision to the Superior Court in accordance with the provisions of 69
99		-	chapter 54 of the general statutes. 70
100		-	(j) The Labor Commissioner may adopt regulations, in accordance 71
101		-	with the provisions of chapter 54 of the general statutes, to establish 72
102		-	procedures and guidelines necessary to implement the provisions of this 73
103		-	section. 74
	78	+	LCO No. 3794 3 of 4
	79	+
	80	+	(f) An employer who has reimbursed an employee for purchasing a 47
	81	+	necessary expenditure shall maintain ownership rights to the 48
	82	+	equipment and technology, services, or employment-related supplies 49
	83	+	for which the employer provided such reimbursement, provided the 50
	84	+	provisions of this subsection shall not apply to reimbursements for 51
	85	+	services made pursuant to subsection (d) of this section. 52
	86	+	(g) An employee shall not be entitled to reimbursement under this 53
	87	+	section if (1) the employer has an established written expense 54
	88	+	reimbursement policy which the employee has reviewed and agreed to 55
	89	+	and, (2) the employee failed to comply with the written expense 56
	90	+	reimbursement policy. 57
	91	+	(h) An employer is not liable under this section unless the employer 58
	92	+	authorized or required the employee to incur the necessary expenditure 59
	93	+	or the employer failed to comply with its own written expense 60
	94	+	reimbursement policy. 61
	95	+	(i) An employee or employer may file a complaint with the Labor 62
	96	+	Commissioner alleging violations of this section. Upon receipt of the 63
	97	+	complaint, the commissioner shall investigate such complaint and may 64
	98	+	hold a hearing. The commissioner shall send each party a written copy 65
	99	+	of his or her decision and may award all appropriate relief. If the 66
	100	+	commissioner finds that a party wilfully violated this section, he or she 67
	101	+	may levy a civil penalty of up to one thousand dollars per violation. Any 68
	102	+	party aggrieved by the decision of the commissioner may appeal the 69
	103	+	decision to the Superior Court in accordance with the provisions of 70
	104	+	chapter 54 of the general statutes. 71
	105	+	(j) The Labor Commissioner may adopt regulations, in accordance 72
	106	+	with the provisions of chapter 54 of the general statutes, to establish 73
	107	+	procedures and guidelines necessary to implement the provisions of this 74
	108	+	section. 75
104	109		This act shall take effect as follows and shall amend the following
105	110		sections:
	111	+	Raised Bill No. 6536
	112	+
	113	+
	114	+
	115	+	LCO No. 3794 4 of 4
106	116
107	117		Section 1 from passage New section
108		-	Substitute Bill No. 6536
109	118
110		-
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114		-
115		-	Statement of Legislative Commissioners:
116		-	In Subsec. (a)(3), "items such as" and "services such as" were deleted for
117		-	consistency with standard drafting conventions; in Subsecs. (d) and (f),
118		-	"provided" was changed to "except that" for accuracy; in Subsec. (i), "his
119		-	or her" was changed to "the commissioner's" for consistency with
120		-	standard drafting conventions; and throughout the bill, "employment-
121		-	related supplies" was changed to "office supplies" for clarity and
122		-	accuracy.
123		-
124		-
125		-	LAB Joint Favorable Subst. -LCO
	119	+	Statement of Purpose:
	120	+	To require employers to provide adequate equipment and
	121	+	reimbursement to certain employees who work from home.
	122	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	123	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	124	+	underlined.]
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