Employment policies are integral to the relationship between employers and their employees. There are multiple policies on federal, state and local levels that employers are required to follow and, if you have employees who work in multiple states, this only increases the number of policies you must comply with. It’s important to ensure not only that an employer communicates its policies to employees, but that it is in compliance with the laws of each state in which its employees are working.
Does Your Business Have Employees in Multiple States?
The state law that is applicable to an employee is that in which the employee is working. Therefore, if an employer has employees working in multiple states, there are multiple laws that will be applicable. Are you covered in every state?
Each state, for example, has different laws relating to things such as leave, paid time off, discrimination and harassment, and drug testing, to name a few. Some states have unpaid parental leave with certain requirements that must be met. Some states permit drug testing of employees provided that a certain amount of notice is given to the employee. Some states require that employees be given leave to vote. Not only do the states have their own requirements, but certain cities, like New York City, have specific laws that must be complied with, as well. New York City also has its own laws relating to sexual harassment and discrimination, accommodations for victims of domestic violence, and accommodations for lactation breaks, among other things. Each state also has different requirements for what notices must be provided to a new employee upon hiring.
Even if an employer only has one employee working in an office outside of the state in which their main office is located, or has one employee working remotely in another state, the employer may be required to comply with that state’s employment laws. Adding an addendum to your employee handbook for each state in which you have employees can cover you. By including an addendum for each specific state, you can make sure you are in compliance with the laws of each state and providing the requisite notices for each state.
Do You Have Employees that Work Remotely?
In our post-covid world, more and more employees are working remotely. It’s important to have policies in place that will govern issues that may arise with a remote workforce. These issues should be addressed before they arise so that if and when they do arise, there is a policy and procedure in place.
For example, are there particular hours that an employee will be required to be logged in and available if needed? Are they expected to be available on a particular messaging platform during work hours? Are they expected to attend team meetings virtually and turn their camera on? A provision can be included in an employee handbook that requires an employee to appear on camera for all or certain meetings during the work day as they would appear in person.
What about if your business maintains confidential client files – how will they be secured remotely? Will the employees use of the internet be restricted by blocking certain sites and not permitting use of social media on company computers? Will you provide the employees with equipment such as a phone and computer? These are all issues that can be detailed in an employee handbook and can provide a degree of certainty for both the employer and employee in the long run.
In our opinion, it is always better to over-communicate rather than under-communicate. If you have employees working in multiple states, consider adding an addendum for each state to your employee handbook. It’s important to regularly review your handbook to make sure you are in compliance and that the policies are current as employment laws frequently change. It’s worth the time and effort.
Disclaimer: The information contained in this post is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls and communications. Contacting us, however, does not create an attorney-client relationship. Contacting us, however, does not create an attorney-client relationship.