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Saturday, April 11, 2026

An interview with McDermott Will & Emery discussing remote working in the United States - Lexology

Lexology GTDT Market Intelligence provides a unique perspective on evolving legal and regulatory landscapes. This interview is taken from the Remote Working volume discussing topics including post-covid 19 work policies, remote working trends, employer's tax obligations and more, within key jurisdictions worldwide.

1 What are the most consequential issues that an employer should consider when determining its post-covid-19 remote work policies?

A critical issue for employers to consider when evaluating post-covid policies generally is how the viability of the new ‘remote’ workplace will impact business operations, including competition for top talent, going forward. Throughout the pandemic, many employers have learned that their prior assumptions on the viability of remote work were not necessarily correct. Assuming the tight job market trend in the United States continues post-pandemic, employers will need to be ready for continued remote work requests. One of the more difficult legal challenges remote work arrangements raise for employers is compliance with myriadfederal, state and local leave of absence laws, such as the Family Medical Leave Act and any similar local sick leave or medical leave laws. These can not only differ from state to state, but also from state to city. Another aspect that can unfortunately catch employers in a tough situation is ensuring compliance with wage and hour laws for each given state. For example, if an employer has an exempt remote...



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