You probably don’t need a whole new employee handbook, but you’ll certainly want to review the one you currently have in light of the laws in the state where the remote employee is located.
As you may know, you need to follow the laws in the state where the employee will be physically performing their work. States have a wide range of requirements regarding wages, breaks, leaves, and other employment matters, so it’s essential to learn about the requirements in the states where your remote employee will be working.
Then you’ll need to evaluate your handbook policies to determine whether you need to make any changes. Assuming you do, you’ll need to decide whether you want different state-specific policies based on employees’ locations or a single policy per topic that applies to—and is complaint for – all employees. State-specific policies can be more difficult to manage and may create resentment among employees in states with less generous benefits or entitlements. On the other hand, having a single policy can simplify administration and ensure consistency across all states, but it may be more expensive since you’ll need to align the policy with the state provisions that provide the greatest benefits and protections for employees.
You can read more of our tips for remote work in our Remote Work Guide and learn about different state laws on the platform.
This Q&A does not constitute legal advice and does not address state or local law.
Answer from Kyle, PHR