A larger share of employees has found themselves working from home, or at least working remote, than ever before and many continue to do so permanently. As employers actively take steps to ensure a strong showing throughout the economic recovery, the nature of remote work has allowed employers to cast their nets far and wide in search of top-notch talent. Remote work also opened up the option for some existing employees to seize the opportunity to move to their dream locale.
Due to the nature of employment law in the U.S., remote workers spread out in varying states pose a challenge to employers – and most business owners are simply not prepared. However, by asking the right questions, employers can ensure that they are in line with cross-border rules when it comes to the challenges of having employees based in other states.
What are the payroll requirements?
When it comes to hiring remote employees in other states, it is most important to confirm that they will be properly paid. A record of compliance with state-specific payroll laws is critical in the event of a Department of Labor audit. Examples include local and state minimum wage and pay frequency requirements. Other relevant details range from overtime calculations to payroll deductions. If working with a payroll provider, employers should verify that they are set up to pay out-of-state employees.
What are the state-specific labor laws and regulations?
Another caveat of out-of-state remote employees is the requirement of local- and state-specific labor laws and regulations. Regardless of where a company is headquartered, employers are required to abide by regulations in a number of categories. A few employment regulations that may vary by location include leave – both paid and unpaid – as well as employment benefits, workers' compensation and breaks provided.
How to keep up with regulatory changes?
State-by-state employment regulations are frequently changing, and employers can be especially challenged to maintain compliance with each state's evolving labor laws. Before making a remote workforce a more permanent solution, business owners should decide between assuming the responsibility of regulatory compliance through their own research and system or delegating the role to an external partner such as an employment attorney or professional employer organization.
How to ensure the success of remote employees?
Of course, the undertaking of properly hiring remote employees in other states is only worth it if employers take steps to ensure their success. Company culture is critical to onboarding and retaining remote employees. Business owners should look beyond bookkeeping to support new hires who may be miles away from the company headquarters. Gestures such as branded swag bags and personalized video messages from teammates can make remote employees feel welcomed from afar. Virtual mentorship programs also are valuable in the development of virtual team members.
As employers further consider leveraging the remote workforce or the emerging hybrid workplace model, minimizing regulatory headaches at the onset can potentially save time and money should issues arise. By asking about payroll requirements, maintaining compliance with local and state employment regulations and preparing to preserve compliance in the future, business owners can confidently tap into the growing remote workforce with ease.
Jill Chapman is a senior performance consultant with Insperity, a leading provider of human resources and business performance solutions.