Law
While the coronavirus pandemic has moved remote and hybrid work to the forefront, some employers remain unaware of key employment law and other considerations.
Against the backdrop of Gallup reporting that approximately 80% of remote-capable American employees now work either exclusively remotely or in a hybrid-work configuration, legal pitfalls are arising for employers who do not have solid remote work policies and procedures in place. Case in point: One employment law attorney interviewed by New Jersey Business Magazine reveals that a company casually permitted an employee to work from another state without first considering the payroll tax requirements for that other state, and that this afterwards created a surprise.
Out-Of-State Employment Laws
Michael A. Shadiack, partner and chair, labor and employment group at the law firm of Connell Foley, explains that companies need to learn whether they must withhold payroll taxes for another state, or if there is a reciprocal agreement whereby the other state agrees that only New Jersey taxes must be withheld. Shadiack adds, “It’s a hot issue [and requires] very technical analysis. We always recommend that employers contact their business accountants to discuss the issue because [accountants] have the best working knowledge of the tax laws in various states.” Other attorneys note that another state’s various employment laws (paid sick leave, accommodations laws, etc.) will apply to New Jersey’s workers operating...
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