5 questions (and answers) about employers’ obligations to remote workers

Summary

The article, written by attorneys from Jackson Lewis, sets out five practical legal considerations for employers with remote or travelling staff. It covers: which remote work expenses must be reimbursed; how to track and record hours for non-exempt employees; tax withholding and payroll obligations when employees work in different states or localities; workers’ compensation implications for home and travel-related injuries; and data security and privacy responsibilities that apply to remote setups.

Authors stress that federal, state and local laws can differ significantly and that employers should adopt clear, written remote-work policies that map to where employees actually perform work — even if the remote arrangement is temporary.

Key Points

Expense reimbursement: Under the FLSA, employers must reimburse remote-work costs that would otherwise reduce an employee’s pay below minimum wage or overtime thresholds; several states (e.g. California, Illinois, Massachusetts) have additional reimbursement rules requiring compensation for business-related home expenses.
Timekeeping: Employers must track and record non-exempt employees’ hours, including voluntary overtime (e.g. answering emails outside hours), and keep policies consistently enforced and updated for compliance.
Tax and payroll: State and local tax withholding, unemployment insurance and payroll-tax obligations generally follow the employee’s physical work location — sometimes after only a short period of work in a state.
Workers’ compensation: State rules apply to remote workplaces; employers should define workspaces/hours where possible and ensure policies and insurance cover remote work and temporary travel.
Data security & privacy: Federal, state and international rules apply to remote work; monitoring for security must be balanced against employee privacy laws and local restrictions.

Why should I read this?

Look — if you run or HR-manage a team that isn’t always in the office, this is the short legal checklist you need. It flags the sticky bits that catch employers out (expense rules, tax traps, and who pays when someone gets hurt at home) and explains why a proper remote-work policy isn’t optional any more.

Author style

Punchy: the piece is direct and practical. The authors compress complex compliance risks into five actionable areas — worth a careful read if you don’t want surprises from state audits, payroll errors, or comp claims.

Context and Relevance

Remote and hybrid work remain widespread, and jurisdictions continue to expand rules around reimbursements, monitoring and privacy. This article is timely for HR, payroll and legal teams because it highlights how employer obligations follow employees’ locations, not just the company’s address — a continuing trend that affects hiring, benefits, tax and insurance processes.

Source

Source: https://www.hrdive.com/news/remote-worker-timekeeping-expenses/802722/