Workplace advice: Employers need to adhere to the tax requirements and laws in each state and country in which their remote employees work.
You’ll need to rely on your employees to pay taxes to the states in which they temporarily live. Some states require anyone who works even a few days in their state. If your employees don’t honor their tax obligations, you may be on the hook for more than your “fair share” of the problem, if your employee’s state of temporary residence decides to collect.
Next, while federal law is uniform across state lines, laws vary from state to state in areas related to overtime, employee discrimination, wage and hours, and labor relations. One example: If your employee has an accident in another state, you’ll need to understand how that state handles workers’ compensation.
As an employer, here’s what you need to do: Make sure you’re aware of where your employees work. If you allow remote work, require your employees to report where they’re working. Ask them to sign a statement letting you know that they’ll honor the taxing requirements in that state. These actions show you’re attempting reasonable due diligence. Learn the laws of those states. Make certain you’re properly withholding taxes according to the regulations in the locations in which your employees work.
Finally, few employees realize the financial and liability risk their employers take when they work remotely. We all slid into this during the pandemic, and some employment and tax attorneys believe tax regulators will begin cracking down on employers in 2023. Eliminate the distrust cloud by making your employees partners in figuring out how they can fulfill their dream without creating a nightmare for you. Ask your employees how you’ll know they’re working a full shift and how they’ll take on the responsibility to make communication and coordination easy for those they’ve left behind.Lynne Curry writes a weekly column on workplace issues.
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