Analyzing case law can help employers develop the ability to spot potential trouble, an employment attorney said May 15.
“You want to be able to call someone to make sure you’re doing it right, or get a third party to bless your arrangement,” said James Reid, of Honigman LLP, speaking at the 41st Payroll Congress in Denver. “They’ll be sued instead of you.”
The increasing demand for remote work has left many employers with antiquated work policies that do not address the nuances of at-home employment, a risk that can expose employers to costly litigation. “I really believe [employers] need a specific remote work agreement,” said Reid, who noted the importance of preventative strategies.
Remote work agreements should specify tracking and reporting of time worked and must clearly delineate company policy regarding remote work in other states. “Employers should also keep track of their remote employees’ location” he noted, because it might expose an employer to additional tax and withholding liabilities.
Tracking work location is crucial for employers as labor laws vary greatly across all states. “Sick leave and privacy laws are different in different states, and you want to apply them accordingly,” said Reid. “Be aware of local ordinances and discrimination laws.” Reid encouraged employers to model...
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