The COVID-19 pandemic has prompted employees and employers alike to embrace remote work at an unprecedented rate. Labor laws haven’t necessarily “kept up” with business realities. Hoosier employers should be mindful of several risks that commonly arise with telecommuting.
Remote Worker = “Branch Office.”
Having an employee work from their home in a different jurisdiction (a different state or locality…and especially a different country) probably means you’re “doing business” in that jurisdiction. You may owe different taxes and have to file reports with new agencies. Local law may grant those employees different pay, leave, or other entitlements. These all may be “worth it” for the talent you can access, but it should be thought through sooner than later!
Tracking/Paying ALL Time Worked.
It’s easier than ever before for remote workers to work when it’s convenient for them – evenings, weekends, etc. – and even easier to miss payments for compensable time. Accurate, thorough records are critical to avoid Fair Labor Standards Act (FLSA) and state law wage liability, especially for non-exempt employees. And no, it’s not enough to say employees bear all responsibility for reporting their time or to ignore “de minimis” amounts of time worked. Even small increments spent checking email, voicemail, texts, etc. can add up to serious exposure if not managed proactively. Periodic audits/checks and supervisory training are vital!
Employee Medical Minefields.
If an eligible employee...
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