Have clear rules about remote employees buying their own office supplies

Before the COVID-19 crisis, employees could pop into the office supply closet for the ream of paper they needed to print that 50-page report or a box of staples or pens to refill their dwindling stash. Now, they may be buying office supplies as they work from home. To ensure costs don’t spiral out of control and to reduce the risk of potential wage and hour claims, employers should develop or fine-tune their remote work purchasing and reimbursement policies.

What state laws tell us

Florida law doesn’t require reimbursing employees for business expenses. They may claim, however, the expenditures are business-related, which can create wage and hour issues under the Fair Labor Standards Act (FLSA):

• Hourly employees who purchase six months’ worth of office supplies, a new top-of-the-line computer, or the latest Swedish-designed ergonomic desk chair could easily see their wages unlawfully drop below minimum wage when the purchases are taken into account.
• Similarly, salaried employees making a large number of purchases run the risk of losing their exempt status.

States such as Illinois, Montana, Iowa, New Hampshire, and California have laws addressing when employers must reimburse employees for certain business-related purchases. The expenses have been interpreted to include office supplies (e.g., pens or printer paper and ink).