A top ten topic I have dealt with for my business clients during and post the height of the pandemic is remote employees. Specifically, that advice surrounds compliance with employment laws and liability surrounding those employees. The best thing any business owner can do is keep track of all communications and agreements. Here are some of the current legal issues surrounding remote work and employment law:
- Employment Contracts: Employers must ensure that employment contracts for remote workers clearly outline the terms and conditions of remote work, such as working hours, communication protocols, equipment provision, and data protection.
- Health and Safety: Employers have a duty to ensure that remote workers are provided with a safe and healthy work environment, which includes ergonomic workstations, appropriate lighting, and access to mental health support.
- Data Privacy and Security: With remote work, employers must take steps to ensure that their remote workers are adequately trained on data privacy and security measures. They must also ensure that their remote workers are using secure networks and that confidential information is protected.
- Workers’ Compensation: In some cases, remote workers may be eligible for workers’ compensation benefits if they suffer an injury or illness while working remotely. Employers should ensure that their workers’ compensation policies cover remote workers.
- Wage and Hour Laws: Remote workers are subject to the same wage and hour laws as in-office workers. Employers must ensure that remote workers are accurately recording their working hours and that they are being paid in compliance with state and federal wage and hour laws.
- Tax Compliance: Employers must comply with state and local tax laws for remote workers who are located in different states. They must also ensure that their remote workers are properly classified for tax purposes.
Overall, employers must be aware of the legal issues surrounding remote work and ensure that their remote work policies comply with state and federal laws. As always, if you have any questions you can reach Kelli at kelli@khalawgroup.com or by telephone at (615) 567-7300.