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Reimbursement in New York

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  • Reimbursement in New York

    Well I have posted about salary before, but I have a different question now. I am on call 24/7 for the job, I have learned to live with it by now. However I am using my own personal cell phone to be in touch with people. The company says since I am not going over my minutes they are not reimbursing me for the use. Just curious if there is a law that says they have to be me at least part of the phone bill?

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    If we are talking federal law (FLSA), unless you are paid at or near MW, there is not federal rule that requires employees be reimbursed for business expenses. There is a "free and clear" provision in the minimum wage rules that would kick in only if the unreimbursed business expenses brought you below federal minimum wage.

    If we are talking state law, only CA would consider this to be an issue. MA has a rule that requires reimbursement of certain mileage related expenses but otherwise does not address other business expenses. No other state (including yours) has rules on expens reimursement.

    Having said that, not all law is labor law. There is a chance that a general court or small claims court action might work using a non-labor law cause of action. Lets say that your next door neighbor uses your phone, promises to pay you back, but does not. Your legal options against your employer may be no better then they would be against your neighbor, but those chances are also no worse.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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