COVID-19, technology, and changing social norms have transformed how employers and employees view where the employee works. Remote work increased dramatically during the pandemic. Years after the crisis, the number of people working remotely from home remains high. It is estimated that about 1 in 5 people work remotely, and trends indicate that the shift to remote work arrangements will continue.
Employers and employees must address legal issues related to remote work to navigate a remote work arrangement successfully. At Lipsky Lowe LLP, our employment law attorneys can help you develop a system that resolves remote work legal issues to avoid problems. Our attorneys have over 40 years of experience in employment law.
Contact Lipsky Lowe LLP to schedule a free consultation with our New York employment attorneys. The best way to avoid legal issues is to prepare for them before they arise.
How Lipsky Lowe LLP Can Help You Resolve Remote Work Legal Issues in New York
There are both negative and positive aspects of remote work. The key is to develop a plan that addresses and resolves legal issues before they become a problem. At Lipsky Lowe LLP, our legal team has extensive experience assisting companies in developing effective and successful remote work policies.
When you hire our top-rated New York employment attorneys, you can expect us to:
- Review your current remote work agreements to determine if they comply with state and federal laws
- Develop agreements and contracts that protect the employer and employee
- Ensure the employer has an action plan to ensure clear communication with remote workers
- Assist the employer in implementing a process for assessing whether an employee is a good candidate for remote work
- Develop criteria an employee must meet to be considered for remote work
- Explain the applicable employment laws for remote workers and the responsibilities and duties of the employer and employee
Our lawyers at Lipsky Lowe LLP have high ratings from numerous organizations, including Super Lawyers and Avvo. Expertise recognized us as the “Best Employment Lawyers in New York” in 2021. We are dedicated to helping our clients find favorable solutions to employment law matters.
Call Lipsky Lowe LLP to schedule a free case evaluation with an experienced New York employment attorney.
Potential Legal Issues Impact Remote Work Arrangements in New York
Even though an employee works from home, it does not exempt the employee or the employer from complying with state and federal employment laws. Common legal issues that often arise in remote work situations include:
Complying With Wage and Hour Laws
Some remote workers set their own schedule, while others must follow a strict work schedule set by the employer. In either case, the parties must comply with wage and hour laws to ensure the remote worker is fairly compensated for their time. Transparency, accurate records, time tracking tools, and clear expectations for work hours can resolve most issues related to wage and hour laws.
Privacy and Data Security
Remote workers must have access to data and client files to perform their jobs. Therefore, rules and systems must be in place to protect sensitive information and client files. Establishing secure communication channels that encrypt sensitive information is essential. Depending on the type of work performed, employers must ensure remote workers comply with applicable laws such as HIPAA and GDPR.
Tax Issues
When managing remote workers, several issues related to income and employment tax may arise. If a remote worker lives in another state, an employer must ensure they comply with the state tax regulations for the employee’s state of residence. The best way to avoid problems is to consult with tax professionals to ensure you follow all federal and state tax laws.
Employment Contracts
While an employer may prefer to avoid employment contracts, especially in an at-will employment state, employment contracts for remote workers can resolve many legal issues. A clear understanding of and definition of the employer-remote worker relationship is critical.
Employment contracts for remote workers can establish clear guidelines and rules for:
- Data protection
- Confidentiality
- Performance expectations
- Ownership of intellectual property
- Rules for handling proprietary information
- Job responsibilities
- Communication protocols
Employers should schedule an annual review of the employment contract for remote workers to ensure contracts reflect any necessary changes during the year. An attorney can ensure the employment contract is legally binding and contains all clauses to address foreseeable legal issues.
Occupational Health and Safety
Even though remote workers may work from home, it does not automatically eliminate an employer’s responsibility for on-the-job injuries. Therefore, employers must work with remote employees to ensure they have a safe working environment.
Employers should provide guidelines for setting up a safe working environment, taking regular breaks, and reporting safety concerns. Employers should also consult with their workers’ compensation insurance provider and employment lawyer about requirements for workers’ compensation.
Employment Classification
It is essential the employer and remote worker understand and agree upon the worker’s employment classification. The employment classification significantly impacts several issues, including tax liabilities, employee benefits, labor rights, and liability.
Tips to Avoid Legal Issues With Remote Workers in New York
In addition to the above legal issues, things employers and employees can do to reduce the risk of legal issues include:
- Set clear expectations for the employer and employee
- Be intentional about checking in daily
- Utilize video conferencing for complex issues or matters
- Seek feedback and make changes as needed
- Clearly define who is responsible for securing and paying for tools, equipment, and supplies
- Ensure remote workers “meet” and interact with members of their team to build a successful working relationship
- Employers should encourage employee development through continuing education, seminars, etc.
Consulting experienced employment attorneys when developing a remote employee arrangement can be one of the best ways to avoid legal issues with remote workers. A lawyer understands the potential issues and how to reduce the chance of issues becoming problems.
Contact Us for a Free Consultation With Our New York Employment Attorneys
Our legal team at Lipsky Lowe LLP helps you navigate remote work legal issues to successfully develop a productive agreement between employer and employee. Contact our office to schedule a free consultation with one of our New York employment attorneys.