With most employees working remotely in the last year, the convenience of working at home, elimination of commute times, and more flexibility have become a top recruiting tool. With today’s technology, working remote has become more a reality without missing a beat.

However, what happens when an employee or top candidate is in a state where the employee does not have an office or other employees? There are several considerations to review for remote employees since taxation of wages and employer withholding generally is not linked to the state in which the employer has an office or facility, but where the employee lives.
If the remote location is new, employers should review specific guidelines and regulations such as;

• Tax and unemployment guidelines
• State and local withholding requirements
• State and local laws and ordinances . 
• Benefit coverage such as provider networks

Employers will need to register their business with the State.  So while employees enjoy working remotely, employers need to decide if it is cost-efficient for them. For help in registering with a new state,  contact us at info@humanresourcesolutionsllc.com

​Non-Compete Agreements prevent (or at least slow) employees from taking a client/customer list and/or trade secrets when they leave the company; however these Agreements could become part of the past.  On July 9, 2021, President Biden signed an executive order asking the FTC (Federal Trade Commission) to “ban or limit” non-compete agreements.  The Biden Administration says non-competes prohibit “economic mobility” by limiting people’s ability to change jobs, in turn keeping wages down and preventing employees from leaving for a better paying position elsewhere.  Now that the executive order has been issued, employers are wondering, are non-compete Agreements with employees now illegal because of this order?  The short answer is No – but employers should be on alert.  How far the FTC will go remains to be seen.  Stay tuned!
 

Texas businesses now have claims protection from plaintiffs citing COVID-19 injuries, if certain safety protocols have been followed. The law, which became effective on June 14, 2021, provides liability protection for certain businesses. Key points of the Act include;

1. Plaintiffs must prove the business knew of and failed to warn plaintiff of a condition that is likely to create exposure to the COVID-19 virus and the business;

• Failed to warn the individual or remediate the condition that was likely to result in exposure to COVID-19 virus
• Had control over the condition
• Knew the plaintiff was more likely to be in  contact with COVID-19 virus
• Had a reasonable opportunity and ability to remediate the condition or warn the plaintiff

2. The plaintiff must prove the business knowingly failed to implement or comply with government promulgated standards, guidance, or protocols in place at the time of the exposure to COVID-19. “Flagrant disregard” must be proved.
If a business receives a claim, contacting an attorney is advised. More information on the Act can be found at: Texas Pandemic Liability Protection Act
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The EEOC has issued new guidance about employers requiring employees to be vaccinated and if employers can provide incentives for employees to become vaccinated.     
Employers can require employees to be vaccinated but need to consider several factors, such as;

• Does an employees need a reasonable accommodation because of a disability or a sincerely held religious belief, practice, or observance?
• Will the vaccine requirement have a disparate impact on or disproportionately exclude employees based on Title VII such as race, color, religion, etc.?
• What are the State and Local laws and guidelines?

If an employee needs a reasonable accommodation, employers should work with the employee to determine what accommodations must be made.  Examples include;

• Continued wearing of masks
• Social distancing
• Periodic COVID-19 tests
• Continued Work at Home programs

For employees that are hesitant to get the vaccine, employers can provide education information about the vaccine, address questions and concerns, and even provide incentives.  Incentives(rewards or penalties)  can be provided as long if the incentive is not so substantial to be coercive.
Special Note: Any information collected  regarding proof of vaccination must be confidential and stored separately from the employee's personnel file.
A vaccination policy is recommended and before any policies are implemented, local and state guidelines, as well as any federal guidelines by OSHA, EEOC, ADA and other relevant agencies should be reviewed.