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expense reimbursement Ohio

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  • #16
    Why not just call the state and ask? Their interpretation is the only one that matters anyway.

    If you are just looking to set the policy as you are management, set it to state reimbursements are due 15 days after submitted/incurred/whatever it is you want your policy to say. Why ****er over the deadline if you wan the deadline to be well within the legal requirement anyway? If you are looking to ensure your policy is legally compliant, that is not a message board issue, that is one to take to your legal counsel for full review.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #17
      I am not saying that the ORC is not valid. I am saying that in 48 states, including OH, the law does not guarantee repayment of expenses. That does not mean that expenses can't be guaranteed. Binding contract or policy can guarantee it. But in the absence of such a binding policy or contract, in OH, and in 47 other states, payment of expenses is not guaranteed.

      You can argue that point all you want. It isn't going to change things.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #18
        As always, thanks everyone for the input.

        I think we can wrap this up - but I'm not "arguing" anything - except the fact that I haven't received an answer that is satisfactory. Yes, I could contact a "real" lawyer - but I was hoping for some FREE legal advice here - on the internet. If it's on the internet, it must be true, right?

        I'm not going to lay down policy because I am management, not ownership. The HR person - is not managed by ME - is the one "arguing the point." Since they also write the checks, they will not obey any policy I establish - since it won't be "legally binding." In addition, HR is sure the ORC is wrong. Or rather, up for interpretation.

        All of you are certainly confirming that aspect.

        However, if we - i mean, all of you, and me - could agree that the ORC clearly - CLEARLY - states that expense reimbursement (if promised via contract, yadda yadda) must be paid by the 15th (for the month before) than that information is perfect. HR cannot argue the point. It either is, or it is not.

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        • #19
          And it is just as likely that the Ohio DOL puts expense reimbursements in the category of, " in the case where no regularly scheduled payday is applicable, for sixty days beyond the filing by the employee of a claim". The reference to these monies as wages could be based on IRS regulations regarding taxability. No one here is going to give legal advice you should bank on. That isn't the purpose of these boards and it would be an inappropriate practice of law. The best you are going to do for free is to call the folks at the good state of Ohio who enforce these laws and ask them. It is still not 100% and comes with the caveat of being based only on what you share, but if law were cut and dry we would not need courts or lawyers.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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          • #20
            Sorry, but I don't agree that it's as cut and dried as you are trying to make it. I don't like superlatives; there are too many exceptions. But as indicated, the only opinion that matters is that of the Ohio DOL. Argue the point (and yes, you are arguing) with them, not us.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #21
              The bottom line in your case is call the Ohio DOL & ask. There is no more we can tell you.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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              • #22
                If THIS FORUM is not about law advice (I don't mean BINDING law advice), then what is it for? I didn't post here at random. I read several HUNDRED other topics on this board - and there is PLENTY of legal advice here, covering dozens of topics. You've got consumer LAW, criminal LAW, business LAW, ...you get the idea.

                While I totally agree that none of you have MY answer - I disagree that this is not the purpose of this board. Is the purpose clearly posted somewhere?

                Here's a random quote from a random post in Federal..." Yes, it is illegal for anyone other than a mail carrier to place anything in your mailbox. It is a federal offense."

                That sure sounds like cut and dried law advice to me. I didn't cherry pick that - it was the first one I clicked on. After reading many, many others (it's fascinating), I concluded that this IS in fact, a board for asking questions and getting an answer, with the obvious point that Da InterWebz Ain't Binding.

                CBG, I'm just using you for an example, because I found yours first, but you have at least one post where you say, and I quote: "So yes, this is legal."

                My apologies if you feel I'm arguing the point. It was not my intent. I am not arguing the law - obviously, I do not understand the law, and, frankly, neither do you. I am, perhaps, arguing the point that all of you are answering questions I did not ask, and no one has answered the question I DID ask.

                But someone else here MIGHT know. Someone here MIGHT be a lawyer. In OHIO. At the DOL Who knows the answer. It's THAT PERSON - if present - that I expected to respond to this thread.

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                • #23
                  If there were someone here who could carve something in stone for you, they would already have done so. We do have experts in wage and hour law and they have posted in this thread. But if you'd rather speak to a lawyer, that's your privilege. I'm not aware of any OH lawyers who post here.

                  I don't know why you are so resistant to the idea of calling the state, but that's really the best advice we can give you since you don't believe anyone here.
                  The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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