In this installment of Multistate Monday, our hosts, Dee Anna Hays and Susan Gorey are joined by Mike Mahoney, who chairs Ogletree’s Payroll Tax and Fringe Benefits subgroup, and Melissa Pesce to discuss key issues for employers with remote workers. Mike and Melissa explore the most significant remote workforce issues, including employers’ obligations to withhold income tax and unemployment insurance contributions for remote workers. Our speakers also consider the implications of workers who work remotely on a temporary basis for personal or business reasons and those who have started working remotely from a new jurisdiction without notifying their employers. In addition, Melissa and Mike also consider best practices for remote work policies, issues concerning remote work as a disability accommodation, and the tools employers can use to conduct audits of home offices.
Home > Insights & Resources > Podcasts > Multistate Monday: Tax Consequences of Fully Remote, Hybrid, and Temporarily Remote Workforces
Multistate Monday: Tax Consequences of Fully Remote, Hybrid, and Temporarily Remote Workforces
0:00:00
0:00:00
In this installment of Multistate Monday, our hosts, Dee Anna Hays and Susan Gorey are joined by Mike Mahoney, who chairs Ogletree’s Payroll Tax and Fringe Benefits subgroup, and Melissa Pesce to discuss key issues for employers with remote workers. Mike and Melissa explore the most significant remote workforce issues, including employers’ obligations to withhold income tax and unemployment insurance contributions for remote workers. Our speakers also consider the implications of workers who work remotely on a temporary basis for personal or business reasons and those who have started working remotely from a new jurisdiction without notifying their employers. In addition, Melissa and Mike also consider best practices for remote work policies, issues concerning remote work as a disability accommodation, and the tools employers can use to conduct audits of home offices.
Topics
Share Podcast
Practice Group
Global Reorganizations
Organizations may need to restructure their workforces for a number of reasons. These include mergers and acquisitions, post-merger integrations (PMI), cost-cutting initiatives, and reorganizations of group structure to improve, among other things, business performance, operations, and efficiencies.
Practice Group
Environmental, Social, and Governance (ESG)
Environmental, Social, and Governance (ESG) initiatives involve unique and sometimes difficult challenges for employers that seek to develop and comply with these initiatives while minimizing the potential for audits, shareholder demands, litigation, and other adverse, reputational outcomes based on these ESG initiatives.
Practice Group
Multistate Advice and Counseling
Multistate compliance is a rising challenge for many employers as they expand their business footprints and remote workforces across state lines. Multistate employers are required to comply with various state and local laws that are constantly evolving while also maintaining their workplace culture and meeting their business goals.
Practice Group
California Class Action and PAGA
California routinely leads the nation in wage-and-hour class action filings for a number of reasons. California’s wage and hour laws provide a broader range of rights for employees than federal law or the laws of other states. In addition, California’s Labor Code generally allows a successful employee to recover attorneys’ fees, whereas a successful employer is not able to recover fees from the employee.
Practice Group
Workplace Investigations and Organizational Assessments
Our attorneys draw on investigation and litigation experience to navigate complex complaints. Knowing how issues will be evaluated by a trier of facts—a judge or jury—can be critical. Moreover, we assist employers in evaluating whether the attorney-client privilege applies to investigation communications.
Practice Group
Trial
We understand that only a fraction of lawsuits will ever make it to trial. That means that most companies—and their lawyers—have very little actual jury trial experience. So when your case is called to trial, you need a trial team with experience.
Practice Group
Technology
Ogletree Deakins is uniquely situated to provide tech employers and users (the “TECHPLACE™”) with labor and employment advice, compliance counseling, and litigation services that embrace innovation and mitigate legal risk. Through our Technology Practice Group, we support clients in the exploration, invention, and/or implementation of new and evolving technologies to navigate the unique and emerging labor and employment issues present in the workplace.
Industry Group
Financial Services
Our team of attorneys has decades of experience advising and representing a broad spectrum of financial services industry clients and we understand the unique issues that they face. Our clients include banks, SEC-regulated public companies, broker-dealers, employers of investment advisors, FINRA-registered firms and representatives, mortgage companies, hedge funds, and private equity firms.
Industry Group
Trucking and Logistics
The Ogletree Deakins Trucking and Logistics Industry Group is comprised of an international team of experienced attorneys who advise, counsel, and represent carriers and companies with trucking divisions in all aspects of labor and employment matters affecting drivers and other workers in the trucking and logistics industry.
Practice Group
Diversity and Inclusion
Our attorneys are ready to assist with the full spectrum of workplace D&I-related issues. The members of Ogletree Deakins’ Diversity and Inclusion Practice Group have extensive and unique experience assisting employers in the creation, implementation, and management of D&I programs, including conducting thorough analyses of diversity data and identifying meaningful metrics and benchmarks.
Industry Group
Manufacturing
Ogletree Deakins knows manufacturing. In its most recent rankings, The BTI Consulting Group recognized Ogletree Deakins as a “Powerhouse” for our outstanding relationships with manufacturing industry clients. This recognition reflected feedback from in-house counsel, who were asked which law firms were both their core, go-to firms and which firms they would recommend most to peers. […]
Practice Group
Mergers and Acquisitions
Ogletree Deakins understands that corporate acquisitions and restructurings can be complex and challenging. Clients need a business partner that can help them structure the labor and employment aspects of a transaction in a way that will provide transparent information on the costs of compliance with applicable laws and regulations at every stage of the deal.
Practice Group
Background Checks
Background checks are a trending topic for employers because of the tidal wave of class action lawsuits alleging technical violations of the federal Fair Credit Reporting Act as well as the proliferation of state and local background check laws (including those arising from the Ban the Box movement).
Practice Group
Leaves of Absence/Reasonable Accommodation
Managing leaves and reasonably accommodating employees can be complex, frustrating, and expose employers to legal peril. Employers must navigate a bewildering array of state and federal statutes, with seemingly contradictory mandates.
Practice Group
Pay Equity
Recent high-profile lawsuits and increased activity from state legislatures have thrust pay equity issues to the forefront for today’s employers. As the momentum of legislation, regulation, and corporate initiatives focused on identifying and correcting pay disparities continues to grow, our attorneys are ready to assist with the full spectrum of pay equity-related issues.
Practice Group
RIF/WARN
Whether it’s a change in a client’s existing business structure, the acquisition of another entity, or a downturn in an economic sector, the attorneys in the Ogletree Deakins’ RIF/WARN Practice Group have extensive experience working with businesses in almost every industry.
Practice Group
Employee Benefits and Executive Compensation
Ogletree Deakins has one of the largest teams of employee benefits and executive compensation practitioners in the United States. As part of a firm that focuses on labor and employment law, our Employee Benefits Practice Group has a special ability to relate technical experience to the client’s “big picture” issues.
Practice Group
OFCCP Compliance, Government Contracting, and Reporting
The experienced attorneys in our OFCCP Compliance, Government Contracting, and Reporting Practice Group advise and defend federal contractors and subcontractors on jurisdictional, compliance, and enforcement issues relevant to government contracting, including those involving the Office of Federal Contract Compliance Programs (OFCCP).
Practice Group
Arbitration and Alternative Dispute Resolution
Employment arbitration and other alternative dispute resolution (ADR) techniques can help employers and employees achieve quicker and more efficient resolutions to employment disputes. Using ADR, especially arbitration, can reduce the burden and expense of litigation while maintaining fairness to all parties.
Practice Group
Cybersecurity and Privacy
The attorneys in the Cybersecurity and Privacy Practice Group at Ogletree Deakins understand that data now accumulates quickly and transmits easily. As the law adapts to technical advancements, we effectively advise our clients as they work to comply with new developments and best practices for protecting the privacy of the data that their businesses collect and retain.
Practice Group
Appellate
At Ogletree Deakins, our appellate attorneys know that appeals court rulings can affect our clients’ industries as a whole. Ogletree Deakins’ appellate work has made a global impact in several industries. Our appellate victory regarding the interpretation of the federal Mine Safety and Health Act (MSHA) was a boon to the entire mining industry.
Practice Group
Class Action
Our class action lawyers are veterans. We have decades of experience handling numerous types of federal and state law class and collective actions, such as those arising under Title VII, the Age Discrimination in Employment Act, the Employee Retirement Income Security Act, and the Fair Labor Standards Act.
Practice Group
Disability Access
The lawyers in Ogletree Deakins’ Disability Access Practice Group have extensive experience helping their clients face the multiple challenges presented by Title III of the Americans with Disabilities Act (ADA) and other disability access laws. From defending class actions, to ensuring compliance with federal and state building standards-thereby eliminating the conditions that lead to litigation-to navigating the complicated regulations covering service animals, hotel reservations, ticketing, and Segways, our work is comprehensive.
Practice Group
Drug Testing
Ogletree Deakins understands that employers face complex and nuanced issues when implementing and enforcing drug and alcohol testing and substance abuse policies. Drawing on decades of experience advising and defending drug testing laboratories, and public and private employers across the country and internationally, our attorneys provide highly responsive legal service
Practice Group
Employment Law
Ogletree Deakins’ employment lawyers are experienced in all aspects of employment law, from day-to-day advice to complex employment litigation.
Practice Group
ERISA Litigation
Ogletree Deakins has one of the largest teams of employee benefits, executive compensation, and Employee Retirement Income Security Act (ERISA) litigation practitioners in the United States. As part of a firm that focuses on labor and employment law, Ogletree Deakins’ ERISA Litigation Practice Group applies technical litigation experience and employee benefits knowledge to clients’ needs.
Practice Group
Ethics Compliance and Whistleblower Response
Ogletree Deakins provides clients with innovative and business-oriented solutions to compliance issues across every facet of labor and employment law. Our lawyers work with clients to design effective compliance measures, assist in audits and investigations, and defend clients in relation to compliance as well as retaliation claims.
Practice Group
Governmental Affairs
Ogletree Governmental Affairs, Inc. (OGA), a subsidiary of Ogletree Deakins, is a full service legislative and regulatory affairs consulting firm, dedicated to helping clients solve their problems with the public sector. OGA unites the skills and experience of government relations professionals with the talent of the Firm’s lawyers to provide solutions to regulatory issues outside the courtroom.
Practice Group
Immigration
Ogletree Deakins has one of the largest business immigration practices in the United States and provides a wide range of legal services for employers seeking temporary business visas and permanent residence on behalf of foreign national employees.
Practice Group
Cross-Border
Often, a company’s employment issues are not isolated to one state, country, or region of the world. Our Cross-Border Practice Group helps clients with matters worldwide—whether involving a single non-U.S. jurisdiction or dozens.
Practice Group
Litigation
Ogletree Deakins’ litigation practice continues to expand with each new employment right or legal obligation created by legislatures or the courts. Our litigators have significant experience handling complex employment cases, including class and collective actions.
Practice Group
Traditional Labor Relations
The attorneys in Ogletree Deakins’ Traditional Labor Practice Group have vast experience in complex and sophisticated traditional labor law matters. This includes experience advising and representing employers of all sizes and across virtually all industries in connection with union representation campaigns, collective bargaining negotiations, strike preparations, labor arbitrations, and National Labor Relations Board proceedings.
Practice Group
Unfair Competition and Trade Secrets
We know your business. We know what makes it valuable. We make it our business to protect your assets and goodwill. Every day, our Unfair Competition and Trade Secrets Practice Group—comprised of more than 100 lawyers—leverages our deep bench, experience, and efficiency-built technology and litigation support to partner with companies of all sizes, from small businesses to Fortune 100 companies.
Practice Group
Wage and Hour
Ogletree Deakins’ Wage and Hour Practice Group features attorneys who are experienced in advising and representing employers in a wide range of wage and hour issues, and who are located in Ogletree Deakins’ offices across the country.
Practice Group
Workplace Safety and Health
The Occupational Safety and Health (OSH) practice of Ogletree Deakins is characterized by the knowledge and credibility of our attorneys, and the exceptional level of service that we provide to our clients.
Industry Group
Airline and Railway
Few industries feel the burden of today’s laws and regulations more keenly than our nation’s airlines and railroads. Ogletree Deakins’ Airline and Railway Industry Group attorneys understand the unique challenges of these complex businesses.
Industry Group
Healthcare
The attorneys in Ogletree Deakins’ Healthcare Industry Group understand the unique legal challenges facing healthcare industry clients that must balance vital and demanding work with numerous compliance regimes and heavy regulation.
Practice Group
Higher Education
Ogletree Deakins is an industry leader in higher education legal practice. Our attorneys have decades of experience advising and defending public and private, religious and secular colleges, universities, and vocational schools.
Industry Group
Hospitality
Ogletree Deakins’ Hospitality practice is as diverse as the clients we serve. From bed-and-breakfast inns to destination resorts, and from fast casual restaurants to fine dining concepts, we understand our clients’ needs and challenges and share their commitment to providing exceptional quality, service, and value.
Industry Group
Life Sciences
Our attorneys have decades of experience representing publicly and privately held companies in the broad range of life sciences businesses, including those devoted to biotechnology, medical devices research and manufacturing, medical information data collection and storage, medical software and informatics, laboratory and medical testing, medical research, and others focused on research, development, technology, and manufacturing.
Industry Group
Retail
Ogletree Deakins is a retail industry leader with clients ranging from brick-and-mortar retailers to online merchants, and small businesses to Fortune 500 corporations. We represent companies in a range of retail sectors, including but not limited to: discount stores, department stores, luxury retailers, home goods and specialty stores, home improvement centers, grocers, pharmacies, online retailers…
Industry Group
Sports and Entertainment
Ogletree Deakins lawyers understand the complexities and nuances of sports and entertainment businesses. We regularly provide advice and education to clients on sports and entertainment-related legal topics. We also understand the pace of the industry and the vital importance of keeping our clients on stage or on the field.