Paul DeCamp, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s Washington, DC office, was quoted in Law360 Employment Authority, in “4 Tips for Employers Handling Pandemic Remote Work Issues,” by Jon Steingart. (Read the full version – subscription required.)
Following is an excerpt:
Law360 examines current and future issues with remote work arrangements and how to address them. …
Paul DeCamp, who advises employers as co-chair of the wage and hour practice group at Epstein Becker & Green PC, said geographic area should be a consideration in pay decisions.
“As a matter of good compensation practice, we normally think of it as appropriate and an ordinary part of setting employee pay to factor in the cost of living where the employee’s going to be living and working,” DeCamp told Law360.
One wage and hour factor employment lawyers should consider is that the new state could have different criteria for determining whether workers are exempt from its minimum wage and overtime requirements, DeCamp said.
“There are some roles that are properly exempt under federal [law] that are categorically not exempt in California,” he said, as an example.
Different states could have similar exemptions that apply depending on a compensation threshold that varies from one jurisdiction to another, he added.
The threshold question of which state’s laws apply can be tough to answer for employees who spend at least some of their time working remotely in multiple locations, DeCamp said. But employers that anticipate having someone in another state for more than a few weeks should review laws of the area where the employee wants to work, DeCamp said.
“You at least have to start thinking about the question and thinking about, does the law of this other state apply?” DeCamp said. …