Employment Laws for Remote Workers

Does your handbook include a section for remote employees? It should…


I received a newsletter from ADP ( I love their RUN product for payroll processing for new and growing start-ups especially!) which caught my attention.  I had recently been discussing several of the topics contained in the recent newsletter with a client, so I know these items ARE on the minds of employers and HR professionals in companies who allow remote workers. Click on the link below to go to ADP’s full text article.  I have listed just a few of the items contained for quick reference, click the link below for the full post directly from ADP.




ADP Run Newsletter & Tips

When you have remote workers, complying with employment laws may require additional planning. It is important to have effective policies, practices, and procedures in place before permitting employees to work remotely.

  • Out-of-state remote workers. When an employer is in one state and the remote worker is in another, compliance with various state employment and tax laws can be complicated. In such cases, employers should consult with legal counsel and a tax advisor to determine which laws apply to the remote worker. Generally, where federal, state, and local laws conflict, the law that is more generous to the employee applies.

  • Travel to the office. If non-exempt employees normally work from home, any time they spend traveling to and from the employer’s premises is generally considered compensable work time. For example, if an employer requires remote workers to come to the office for a meeting, or to pick up work periodically, these employees would be entitled to pay for the time spent traveling to and from the office.

  • Independent contractors. Employers cannot classify an individual as an independent contractor merely because he or she works remotely. Workers must satisfy very narrow federal and state tests to be classified as independent contractors. Along with examining other facets of the relationship, these tests look at the level of control the business has over the worker.

Thanks ADP, keep the great info coming!


CTCsquareCercaTrova Consulting recommends and implements ADP Run for small and growing companies.  If you have upcoming payroll needs or are simply unhappy with your current payroll service, contact us today to see how we can help implement a system for  you.  We also have DCAA compliant solutions which utilize ADP Run. ADP RUn

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