Brian Calley President and Chief Executive Officer at Small Business Association of Michigan | Official website
Brian Calley President and Chief Executive Officer at Small Business Association of Michigan | Official website
Employers contemplating allowing employees to work remotely across state lines need to be aware of several legal and logistical considerations. When an employee moves out of state but continues to work for the same company, the organization must comply with the laws where the employee resides.
Key considerations include state business license and registration requirements. Some states and municipalities may require businesses to register locally if they have employees working there. Pay requirements also vary by state, covering aspects such as pay frequency, final paychecks, minimum wage, salary thresholds for exempt employees, and payroll taxes.
Additionally, employers must address unemployment insurance and workers' compensation needs specific to each state where their remote employees are located. It's important to verify whether contributions are necessary in those states.
Breaks and time off regulations can differ significantly from one location to another. Employers should review sick leave laws based on the employee's residence and understand how vacation rollover or payment upon termination is handled locally.
Labor law posters and other notices must also be considered. While federal notices remain consistent nationwide, state and local notices will differ. Depending on local requirements, these notices may need to be sent as printed copies or could potentially be distributed digitally.
Employers should consult with HR consultants or labor attorneys when uncertain about compliance with remote work regulations in new locations.
"These are just a few of the major considerations an employer should take into account when looking at the decision to allow employees to work remotely in new locations," according to Ahola's advice on handling such transitions effectively.