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Remote work arrangements, which became the norm during the pandemic, are here to stay. Five years ago, fewer than 5% of employees worked remotely, but today 58% have the option of doing so at least some of the time. For some businesses, workers may work remotely on a full-time basis. Other businesses may allow partial remote work, such as two or three days a week. And some set remote policy on a worker-by-worker basis. Whatever arrangement a business decides to use, it’s essential that there are policies and practices in place to optimize the employee experience while helping the company. A study from TechSmith Corporation found that work practices just haven’t kept up. The following is not meant to make you an expert in policy matters for remote workers; it’s done to raise awareness of the complexity involved so you can find the answers for your situation.
Handling communication among staff
Most businesses are used to synchronous communication, which is real time, face-to-face communication where responses are immediate. This can be through in-person meetings, videoconferencing, instant messaging via Microsoft Teams or other tools, or ordinary phone calls. With remote workers, asynchronous communication becomes the norm, where messages are sent but immediate responses are not expected. This can be done through Shared Google docs, recorded video messages, or emails.
According to Asana, asynchronous communication can increase productivity. Remote employees can do their best work without distraction at times that work well for them. What’s more, all communication is documented (i.e., it’s easily reviewable). Asana offers 10 tips for better asynchronous communication:
Create a communication plan (e.g., methods to use, expected response times)
Increase visibility with a shared workplace (e.g., use tools such as Asana)
Embed asynchronous collaboration with team culture (e.g., cultivate an asynchronous mindset)
Communicate working hours (e.g., set times that people are offline)
Schedule focus time (e.g., set periods when employees mute notifications)
Set agendas for synchronous meetings (e.g., provide the purpose of the meeting in advance)
Try a no-meeting day (e.g., no meetings on Fridays)
Create opportunities for synchronous connection (e.g., providing informal, regular chats)
Share company-wide communication examples (e.g., tell others what is and is not working)
Keep video meetings under 30 minutes (research suggests that productivity decreases after half an hour).
Handling taxes and benefits for remote workers
Each state has its own rules for income tax withholding (other than in Alaska, Florida, Nevada, South Dakota, Texas, Washington, and Wyoming where there is no income tax). In some places there may also be local income taxes. For state and local payroll tax purposes, things get complicated when the employer and employee are in different states. Where should an employer withhold state income taxes? It usually depends on where you find the worker:
Living and working in a different state. Where an employee who resides in another state and works exclusively in that state which is different from the employer’s state, then taxes are usually withheld only in the employee’s state. There are some exceptions, so be sure to check with your CPA or other tax pro.
Living in the employer’s state but working in a different state. If an employee lives in the same state where the employer is located, that state usually is the place where income tax withholding takes place even though the employee works exclusively in another state. But, in half a dozen states, there’s a “convenience of the employer” rule, which says that if the employer requires the employee to work in another state (it’s for the employer’s convenience), then withholding is only taken in the location where the work is performed. If, however, the employee chooses to work in another location (it’s for the employee’s convenience), then withholding must usually be made in both locations, and then the employee may avoid double tax by using a state income tax credit.
Handling employment law issues for remote workers
If you have employees working in states remote from yours, which employment laws apply to these workers? There’s a long list of employment laws to consider, including:
Worker classification
Minimum wage and overtime rules
Nondiscrimination rules
Sick pay and disability
Workers compensation
State unemployment
Other laws on privacy, noncompete agreements, discussing compensation, and more
As a general rule, the laws of the state in which a worker is physically working controls employment law matters. But things are not always clear cut. ADP has an extensive article on When Remote Workers Cross State Lines.
Final thought
“Intelligence is the ability to adapt to change.” – Theoretical physicist Stephen Hawking
Clearly, with the growth of remote work arrangements, it’s time for businesses to adapt. One of the big advantages of being a small business is the flexibility to craft work arrangements. The challenge comes with also crafting business policies and practices to support those arrangements.
For more resources concerning remote workers, see the following blogs.
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