Reimbursing out-of-state telework expenses and other HR quick takes
Q During “normal” times, my workforce is located in Iowa and, for the most part, works from our office. We don’t have office locations in other states or countries. Now, most of my workforce is working remotely. A few employees are working from other states to be closer to family. Does that mean I now have to adhere to those states’ rules on reimbursable telework costs?
A Yes. In general, the regulations or statutes that apply to the state the employee is based in will apply to that employee. This would be true for telework rules, accumulation and payment of paid time off (PTO), and break times, among many other items. It also affects IRS issues and job service benefits.
We reviewed telework expense reimbursement issues and matters employers should consider in establishing a remote work policy in previous articles.
Q One of our employees was acting funny, so I brought her into my office to ask her about drug use. She asked us to drug test her. Can we?
A No. And, in fact, this is dangerous enough that you might want to run screaming from the room. The Iowa drug testing statute is complicated, and the court is unforgiving of mistakes—severe penalties are imposed on employers that don’t follow the rules to the letter. If you don’t have a properly constructed policy and the process to back it up, you cannot test, even if the employee asks.