When updating your handbooks, pay special attention to your remote workers. Making an up-to-date list of the municipalities and states where you have remote employees is a great way to start. The state remote workers are physically located in is often considered the state in which they “work.” Keeping that in mind, you will want to ensure your handbook complies with the states and municipalities of your remote workers.
Considerations for Remote Workers
Below is a list of employment laws and HR topics that may apply to remote workers:
| Leave laws: Even basic leave such as bereavement leave, jury duty, and election leave may differ depending on the state and the municipality. Click here to access the Leave Programs Reference Guide. |
| Non-competes: These clauses should be tailored to the state where the employee works. |
| Pay equity: Several states have laws requiring salary transparency or laws that ban inquiries into the wage history of applicants. |
| The CROWN Act: Approximately 24 states and 40 local governing bodies have passed laws prohibiting race-based hair discrimination. |
| Drug Testing: Varies from state to state. There were several notable changes in 2023 for Michigan and Washington along with the U.S. Department of Transportation’s industry drug testing program. |
| Background Checks: Approximately 37 U.S. states and more than 100 municipalities have enacted legislation that bans application questions about arrest history and convictions and limits when background checks can be conducted during the interview process. Employers should ensure they are applying the right state and local laws when running background checks on remote workers. |
Maintain Compliance with Help
From eBen
It is important to check where your remote workers are physically located and see if state or municipality laws require any changes to your handbook policies. Eben’s HR Services provides services such as reviewing and writing handbooks, as well as conducting drug testing and background checks. Contact your broker for more information on how eBen can help you
maintain compliance.
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