Frequently Asked Employer Questions for Remote Worker Compliance
COVID-19 had a significant impact on the way employers conduct business, with many employees continuing to work on a remote basis. HR Partners frequently has inquiries on how to remain compliant with employment laws while administering remote workers. See below for a few of the most common questions and answers.
Outside of the temporary policy from DHS, U.S. Immigration and Customs Enforcement allows employers to designate an authorized representative to fill out Forms I-9 on behalf of their company, including personnel officers, foremen, agents, or notary public. The Agent must physically examine, with the employee being physically present, each document presented to determine if it reasonably appears to be genuine and relates to the employee presenting it. Reviewing or examining documents via webcam is not permissible.
4.Does remote work impact payroll withholdings? Employers may be required to withhold state income tax based on the employee’s home location instead of the location of the employer’s office. States are taking different approaches to the enforcement of tax obligations on remote workers. While some states have reciprocity agreements with other states, some states have no income tax withholding at all. HR Partners recommends speaking with a Certified Public Accountant or other tax professional to ensure proper income tax withholding for remote workers.
For more tips on administering remote workers, please contact HR Partners at 785-233-7860. In addition, we would be pleased to assist you with any other HR matter your business may need guidance with.
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