Where Are We? A Look at Remote Work from the Perspective of Tax and Employment Law

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Where Are We? A Look at Remote Work from the Perspective of Tax and Employment Law

Program Originally Presented Friday, October 1, 2021

The time spent working from home is likely to lead to changes in the way people work: Some have embraced it and don’t want to return to the office. Some businesses may see an opportunity to reduce the amount spent on office space and may convert to a “hotel” system where employees book office space for days that they will be in the office. Everyone’s experience of work has changed.

While the workplace may be evolving, our legal system is designed around the concept that most workers have a fixed spot where they work at their employer’s premises.

Panelists examine this new world of work from two perspectives:

• Panelists examine the implications of remote work from an employment law perspective
• Panelists also examine the implications of remote work from a tax law perspective

Topics include:

• Wage and hour law compliance for employers with a remote work force
• Leave laws
• Unemployment and disability laws
• Tax Nexus for the employer in the employee’s home state
• Sourcing issues for the employer’s income tax
• Permanent establishment/United States trade or business creation by virtue of remote employees
• Treaty exemptions to taxation on income from multinational employment
• Withholding issues for remote employees

Panelists:
Jennifer W. Karpchuk, Esq.
SALT Practice Co-Chair, Chamberlain Hrdlicka

Eve R. Keller, Esq.
Associate, Employment and Labor Practice Group, Post & Schell, P.C.

Andrea M. Kirshenbaum, Esq.
Principal and Chair, Employment and Labor Practice Group, Post & Schell, P.C.

Patrick J. McCormick, Esq.
Partner, Culhane Meadows PLLC

Michael Tang, Esq.
Associate, Stradley Ronon Stevens & Young, LLP

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