One employee in a new state brings that state’s entire employment law with them.
Esshaki Legal Media TeamCurrent as of December 2025
A single remote employee generally subjects an employer to the employment laws
of the state where the work is performed, along with registration and tax
obligations.
What follows the employee. Wage payment timing and deduction rules; overtime
including daily overtime in some states; meal and rest break requirements; paid
sick leave; final pay rules; leave entitlements; anti-discrimination statutes
with lower coverage thresholds than federal law; and notice and posting
requirements.
Registration and tax. Foreign qualification with the secretary of state,
withholding registration, unemployment insurance accounts, and workers
compensation coverage written for that state. Workers compensation is the one
most often missed and the one with the harshest penalties.
Nexus. An employee may create income tax nexus for the business, and in some
states sales tax nexus.
Handbook administration. State-specific addenda are the standard solution.
Applying a single national policy means applying the least protective standard
somewhere it does not apply.
Expense reimbursement. Several states require reimbursement of necessary
business expenses, which for remote workers reaches internet, phone and
equipment.
Practical control. A policy requiring approval before an employee relocates,
with a stated list of approved states, is far easier than discovering the
relocation through a tax notice.