One issue which employers in Illinois will face during the social distancing phase of the response to the COVID-19 pandemic is the issue of expense reimbursement for employees who telework. The Illinois Wage Payment and Collection Act (820 ILCS 115/9.5) requires employers to reimburse employees for necessary expenses or losses incurred in the scope of employment and directly related to services performed for the employer. Employees may seek reimbursement for costs of internet and mobile phone charges while teleworking. Cases indicate that employees may be entitled to some reasonable percentage of those expenses. As the Act recognizes, best practice is to establish a written expense reimbursement policy. The Labor and Employment Law Team of Sandberg Phoenix can assist employers with compliance with the Act and in developing expense reimbursement policies.
April 13, 2020