More than two years into the COVID-19 pandemic, for many people remote work has become not just a temporary adjustment, but a new normal. While remote work can have many benefits for both employers and employees, it also carries risks for the unwary. To properly manage those risks, employers must be able to answer two basic questions: where are your employees, and if they are in a different state from that in which they normally work, what additional legal requirements might apply?
When employees perform all of their work in their employer's workplace, the employer can be comfortable that the laws of that state apply. However, when employees work remotely, they may be doing so from a different city or state, or perhaps from different locations on different days, potentially resulting in application of the laws of the jurisdictions where the work is performed. An employer with only one location may unexpectedly subject itself to the laws of other states due to remote employees. Therefore, it is important for employers to know where their employees are working and what laws govern. Some of the key questions employers should consider are addressed below.
Are the People Who Work for You Employees?
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