Brandon Business Owner is on top of the world today, and business is good. He recently decided to take his workforce entirely remote, cutting down on business expenses while increasing the autonomy of his workers.  It’s a win-win.

Brandon will be able to leverage a larger talent pool since location is no longer a limitation. With a fresh cup of coffee, Brandon opens an email from Holly Human Resources. However, instead of an email with potential hires – Brandon is looking at employer requirements from two states where new team members reside. Brandon had no idea that hiring remotely would mean complying with state and local regulations in addition to his own city and state compliance.

Worker compliance has federal, state, and local laws that must be respected based on where the worker is performing the work. The complexities grow when different cities have their own requirements. Let’s explore some of the varying compliance matters that Brandon may need to take into consideration.

Mandatory Paid Sick Leave

Paid sick leave is exactly what it sounds like: paid time off from work for employees to address their health needs.  Mandatory paid sick leave allows workers to receive their full wages or part of their wages when they are out sick and is different from family leave.

There are no federal paid sick leave laws in place and in the absence of federal regulation over a dozen states (as well as Washington D.C.) have state-mandated sick pay. These regulations vary. For example, Nevada requires private employers with 50 or more employees to provide paid sick leave except for the first two years of being in business. In Oregon employers who employ at least 10 employees must provide paid sick leave, and in Portland, Oregon – there are additional laws that apply to companies with at least six employees.

Family and Parental Leave

Federally the Family and Medical Leave Act (FMLA) allows employees to take unpaid and protected leave for family and medical issues. Some states have additional policies such as Colorado, where employees can take up to 12 weeks, plus four additional weeks if the employee has medical complications. However, only employees who have earned at least $2,500 at their jobs are qualified.

State laws are constantly changing. Delaware is soon adopting a paid leave law,  The Healthy Delaware Families Act, which goes into effect in 2025. Employees will be able to take paid leave up to 12 weeks per year and employees who work at least 1,250 hours for a covered employer in the preceding 12 months will be eligible.

Beginning in 2020, California, New Jersey, and Rhode Island required paid parental leave to employees working for companies with 50 or fewer employees, aiming to support employees of smaller businesses.

Some states provide limited hours annually for parents to attend school-related events for their children. At the top of the list California guarantees 40 hours and Massachusetts 24 hours, compared to Nevada and North Carolina which mandate that employers allow up to four hours annually.

Things get more complicated when we cover maternity leave. With 11 states requiring paid maternity leave, 17 states requiring unpaid leave, and 21 states with no requirements at all.

Voting Leave

States’ voting laws can specify the amount of time allowed off to vote or whether the time off is paid or unpaid. Some states require employers to give time off only if a worker will not have enough time to vote before or after work while the polls are open. Most, but not all, states prevent employers from firing or disciplining a worker for taking time off to vote.

In New York and Colorado, employers are required to respect time-off-to-vote laws and they could lose their corporate charter if they bar a worker from voting. In Arizona, Missouri, and Kansas, supervisors face fines of up to $2,500 if they block someone from voting. On the other hand, Alaska requires paid time off except if the employee has two consecutive hours available at the beginning or end of their shift to vote on their own time.

Jury Duty Policy

There is no Federal law requiring employers to provide leave, compensation, or benefits specifically for jury duty-related absences. US Law does require employers to excuse the employee from work to attend jury duty, however.

Alabama requires employers to pay employees at their regular hourly rate and Indiana has taken the middle road; employers are only obligated to provide unpaid leave but an employee can choose to use PTO during their jury duty time. New York has much more specific laws – employers with fewer than 10 employees may withhold wages but employers with 10 or more employees must pay the first $40 per diem for the first three days of jury duty. Make sure to check laws that apply to your areas.

Sexual Harassment Training

If you thought that harassment training was optional, you should check your state or city-level regulations first.

California and Connecticut might be on opposite coasts but both have mandatory state regulations on Sexual harassment training. In California, this law applies to employers with five or more employees, while  Delaware requires training for employers with 50 or more employees. Some states such as Hawaii, Iowa, and Maryland do not have specific requirements but do offer guidance for preventing workplace harassment. Learn more about mandatory harassment training in your area here.

These are 5 examples of how widely compliance regulations can vary and they are certainly not an exhaustive list of the ways that requirements can vary by location.

ClearPath is your partner in worker compliance, no matter where your talent is located. Contact us for a customized plan today.

ClearPath is a leading Human Resources Outsourcing company focusing on assisting employers to leverage the independent contractor labor market. We’re committed to helping business owners stay compliant and minimize the risks associated with their contingent labor requirements.

No Legal Advice Intended. This article includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. You need to contact a lawyer licensed in your jurisdiction for advice on specific legal issues.