Toolkit · Labor and Employment

The Remote and Multistate Employment Toolkit

26 U.S.C. § 3121

Type
Toolkit
Jurisdiction
National
Date
2024-06-25
Topic
Labor and Employment

This toolkit collects the documents that make distributed employment manageable. It includes a remote work policy, a work location change request and approval form, a per-state onboarding checklist, and a location roster schema that ties them together. Wage and hour tools cover a timekeeping attestation, an unrecorded time report form, an expense reimbursement schedule with a stipend methodology memorandum, and an exempt classification review sheet. Additional documents include a monitoring notice, an equipment and security agreement, a worksite designation memorandum, a home workstation self-assessment, a manager script, an offboarding sequence, and an annual audit worksheet. Each is annotated with the obligation it satisfies and the failure it prevents, and every template needs review against the law of each jurisdiction on the roster.

The Remote and Multistate Employment Toolkit

Labor and Employment > Remote and Multistate Work | Published 25 June 2024 - Updated 13 June 2025 | UpLaw - uplaw.us

What Is In This Toolkit

Fifteen working documents. Use them with the checklist for sequence and the comprehensive guide for the underlying rules. The narrative introduction is how remote work law actually works.

⚠ Tool 2 does more than the rest combined. A location change request that must be approved before the move — and a manager script that redirects rather than approves — prevents nearly every exposure in this area.

Tool 1 — Remote Work Policy

[COMPANY] REMOTE AND HYBRID WORK POLICY

1. Approved work locations. You may perform work only from the location approved in writing for your position. You may not change your work location without advance written approval. Working from an unapproved location is a violation of this policy.

2. Address reporting. You must report and keep current the address where you perform work. This is not the same as your mailing address.

3. Designated worksite. Your designated worksite for administrative and legal purposes is [location]. This designation determines certain benefit eligibility and notice obligations.

4. Timekeeping (non-exempt employees). You must record all time you work. Working outside recorded hours is prohibited. If you work time you were unable to record, report it using [process] — you will be paid for it and there will be no adverse consequence for reporting it.

5. Breaks. You must take the meal and rest breaks required in your work location and record them as directed.

6. Expenses. [Company] reimburses [listed categories] at [amount or method]. Submit through [process]. If your actual necessary expenses exceed the stated amount, submit documentation and we will review.

7. Equipment. [Company] provides [list]. Equipment remains [Company] property, must be used for business purposes, and must be returned on separation.

8. Security. You must use an encrypted connection, keep systems current, lock your screen, use multifactor authentication, and protect confidential materials from view by others in your household. Report any security incident immediately to [contact].

9. Monitoring. [Company] collects [specific list]. We do not collect anything beyond this list. Monitoring occurs during [hours] on [Company] systems only.

10. Availability. Your expected working hours are [X]. You are not expected to respond outside those hours, and if you do so as a non-exempt employee you must record the time.

11. Accommodations. To request an accommodation, contact [role]. Remote work may itself be an accommodation.

12. Safety. Complete the workstation self-assessment annually. Report any work-related injury the same day to [contact], however minor.

13. Changes. [Company] may modify or end a remote arrangement with [N] days' notice.

Acknowledgment: ____ Date: ____

Tool 2 — Work Location Change Request

REQUEST TO CHANGE WORK LOCATION

Employee: ____ Position: ____ Current work address: ____ Proposed new work address (street, city, state, postal code): ____ Proposed effective date: ____ (must be at least [30] days out) Reason: ____ Permanent / temporary — if temporary, end date: ____

Employee acknowledges: that working from the new location before written approval violates policy; that classification, pay practices, benefits, and reimbursements may change; and that approval may be declined for business or compliance reasons.

Employee signature: ____ Date: ____ Manager acknowledgment (not approval): ____

COMPLIANCE REVIEW — completed by [owner] before approval ☐ State supported / to be added ☐ Payroll withholding registration ☐ Local withholding ☐ Reciprocity ☐ Unemployment insurance ☐ Workers compensation endorsement ☐ Entity qualification ☐ Minimum wage and overtime formula ☐ Meal and rest breaks ☐ Expense reimbursement duty ☐ Pay statement content ☐ Final pay rules ☐ Paid leave accrual ☐ Required notices ☐ Exempt classification retested ☐ Restrictive covenant enforceability ☐ Roster updated

Approved / Declined: ____ By: ____ Date: ____ Effective date: ____

Tool 3 — Manager Script

When an employee mentions moving, say this:

"That's great news — I can't approve a change of work location myself, but [NAME] can. Send them the request form and copy me, and let's not make the move until it's approved, because there are payroll and insurance registrations that have to be in place first. It usually takes about [N] days."

What not to say: "Sounds great." "As long as you get your work done." "Just let HR know at some point." "I don't think it matters."

Also report: an employee who mentions an extended trip; an employee whose messages arrive from a different time zone; an employee who mentions a new local address; and any request to work from another country, which requires legal review before any answer is given.

Tool 4 — Location Roster Schema

Field Notes
Employee, position, manager
Work address (city, state) Where work is physically performed
Designated worksite Drives leave eligibility and notice counting
Classification (exempt / non-exempt) With the state threshold applied
Date classification last tested
Hire date; date at this location
Compliance check completed (date, by whom)
Withholding registration confirmed
Unemployment insurance state
Workers compensation endorsement confirmed
Paid leave program enrolled
Reimbursement schedule applied
Notices delivered (date)
Temporary location, if any, with end date

Reconcile quarterly against payroll addresses, benefits enrollment addresses, and — where lawful and disclosed — network login geography.

Tool 5 — Per-State Onboarding Checklist

Complete once per jurisdiction; subsequent hires there take minutes.

PAYROLL AND ENTITY ☐ State income tax withholding registration — account no. ____ effective ____ ☐ Local and school district withholding by address — rates ____ ☐ Reciprocity agreement and employee certificate, if any ☐ Convenience-of-the-employer rule applies? ☐ yes ☐ no ☐ Unemployment insurance registration — account no. ____ ☐ Corporate income tax nexus assessed; sales tax obligation assessed ☐ Foreign entity qualification filed; registered agent appointed; annual report calendared ☐ Payroll system configured for rates, remittance, and pay statement content

Federal framework: employment taxes at 26 U.S.C. § 3121; withholding definitions at 26 U.S.C. § 3401; withholding obligation at 26 U.S.C. § 3402.

WAGE AND HOUR ☐ Minimum wage, including city or county rate: $____ ☐ Overtime formula: weekly / daily threshold ____ / double time ____ / seventh-day premium ____ ☐ Meal and rest breaks: timing ____ paid? ____ premium for missed break ____ ☐ Expense reimbursement duty: ☐ all necessary business expenses ☐ federal floor only ☐ Pay statement content requirements listed; template updated ☐ Pay frequency; final pay deadline; waiting-time penalties ☐ Accrued vacation treated as wages? ☐ yes ☐ no ☐ Exempt salary threshold: $____ (compare to 29 C.F.R. Part 541 and 29 U.S.C. § 213) ☐ Recordkeeping confirmed against 29 U.S.C. § 211 and 29 C.F.R. Part 516

INSURANCE, LEAVE, NOTICES ☐ Workers compensation endorsement effective before day one ☐ State paid family/medical leave program registration and contributions ☐ Paid sick leave accrual configured from first day of work ☐ Additional protected leaves identified ☐ Federal leave eligibility by designated worksite per 29 U.S.C. § 2611 and 29 C.F.R. Part 825 ☐ Wage-rate notice issued; postings delivered electronically; acknowledgment retained ☐ Handbook state supplement applied ☐ Restrictive covenant enforceability confirmed

Tool 6 — Timekeeping Attestation

PAY PERIOD ENDING ____

I certify that the time I recorded for this pay period reflects all time I worked, including any work performed before or after my scheduled hours, during meal periods, or on days I was not scheduled.

☐ My recorded time is complete. ☐ I worked time I was unable to record. Details: ____ (use Tool 7) ☐ I took all required meal and rest breaks. ☐ I missed the following breaks: ____

Employee: ____ Date: ____

Compensable time is governed by 29 C.F.R. Part 785; overtime by 29 U.S.C. § 207; minimum wage by 29 U.S.C. § 206.

Tool 7 — Unrecorded Time Report

There is no adverse consequence for using this form. Using it is required.

Employee: ____ Date(s) worked: ____ Times: from ____ to ____ What I was doing: ____ Why it was not recorded: ☐ system unavailable ☐ forgot ☐ urgent request outside hours ☐ other: ____ Who asked or knew: ____

Manager action: time added to payroll ☐ date paid ____ ☐ corrective step taken to prevent recurrence: ____

Under the "suffer or permit" standard at 29 U.S.C. § 203, this time is compensable whether or not it was authorized.

Tool 8 — Expense Reimbursement Schedule and Stipend Memorandum

SCHEDULE

Category Covered Amount / method Documentation
Internet ☐ $____/mo or ____% of bill bill on request
Mobile phone ☐ $____/mo or ____% bill on request
Home office equipment ☐ one-time $____ receipt
Consumables ☐ actual, with receipt receipt
Utilities share ☐ $____/mo —
Travel to office ☐ per travel policy receipts

METHODOLOGY MEMORANDUM (retain). The stipend of $____ per month is calculated to approximate actual necessary expenses based on [survey / average bills / published data], reviewed [annually]. Employees whose actual necessary expenses exceed the stipend may submit documentation for additional reimbursement. This methodology supports treatment of the payment as a reimbursement rather than additional remuneration for regular-rate purposes under 29 C.F.R. Part 778, and satisfies the anti-kickback principle reflected in 29 C.F.R. Part 531 as well as state statutes requiring reimbursement of all necessary business expenses.

Tool 9 — Exempt Classification Review Sheet

Field Entry
Employee, position, work state
Federal salary level satisfied? 29 C.F.R. Part 541
State salary threshold $____ — satisfied?
Salary basis maintained (no improper deductions)?
Exemption claimed executive / administrative / professional / computer / outside sales
Primary duty analysis (3–4 sentences)
State duties test differences
Conclusion exempt / non-exempt
Reviewer, date, next review trigger relocation, promotion, or threshold change

Statutory basis for exemptions: 29 U.S.C. § 213. Overtime obligation if non-exempt: 29 U.S.C. § 207.

Tool 10 — Monitoring Notice

NOTICE OF ELECTRONIC MONITORING

[Company] collects the following, and nothing else: ☐ Login and logout times on [systems] ☐ Application and website activity on [Company]-issued devices during working hours ☐ Email and messages sent through [Company] systems ☐ Files stored on [Company] systems ☐ [Other — specify precisely]

We do not: record video or audio without notice; monitor personal devices; monitor outside working hours; access personal accounts; or track physical location outside [stated purpose].

Purpose: [security, systems administration, and legal compliance]. Retention: [period]. Questions: [contact].

Acknowledged: ____ Date: ____

Meetings are recorded only with notice to all participants; where any participant is located in an all-party consent jurisdiction, consent is obtained.

Tool 11 — Equipment and Security Agreement

☐ Equipment issued: [itemized, with serial numbers and date]. ☐ Equipment remains [Company] property and must be returned on separation or on request. ☐ Use is limited to business purposes; incidental personal use is [permitted / prohibited]. ☐ Employee will maintain: encrypted connection; current operating system and patches; screen lock; multifactor authentication; antivirus where applicable. ☐ Employee will not permit household members to use [Company] devices or accounts. ☐ Confidential materials will be secured from view and stored appropriately. ☐ Personal devices, if permitted, are subject to [containerized access only]; [Company] may remove [Company] data and will not access personal content. ☐ Security incidents are reported to [contact] immediately. ☐ On separation, equipment is returned by [method] and [Company] data is removed from personal devices as directed.

Employee: ____ Date: ____

Tool 12 — Worksite Designation Memorandum

Small document, disproportionate effect. It determines federal family leave eligibility and how remote employees are counted for notice obligations.

TO: [Employee] FROM: [Company] DATE: ____

Re: Designated worksite

For administrative and legal purposes, your designated worksite is [office location]. You report to and receive assignments from that location, and it is the site to which you would return if remote work ended.

This designation is used to determine eligibility for certain benefits and leaves, including under 29 U.S.C. § 2611 and 29 C.F.R. Part 825, and for counting purposes under notice statutes. It does not change the state whose wage, hour, leave, and reimbursement laws apply to you, which is determined by where you physically perform work.

Acknowledged: ____ Date: ____

Tool 13 — Home Workstation Self-Assessment

☐ Chair supports the lower back; feet rest flat or on a footrest. ☐ Monitor top at or slightly below eye level, about an arm's length away. ☐ Keyboard and mouse allow forearms roughly parallel to the floor. ☐ Adequate lighting without glare on the screen. ☐ Work surface at appropriate height and free of clutter. ☐ Cables secured and out of walkways. ☐ Clear path to the exit; no trip hazards. ☐ Smoke detector functioning; fire extinguisher accessible. ☐ Electrical outlets not overloaded; no daisy-chained power strips. ☐ Confidential materials can be secured and screens shielded from others.

Items needing attention: ____ Equipment requested: ____ I would like an ergonomic evaluation: ☐ yes ☐ no

Employee: ____ Date: ____ Reviewed by: ____

Injuries arising out of and in the course of employment at home are frequently compensable; report any injury the same day. See workers compensation claims.

Tool 14 — Offboarding Sequence

☐ Determine final pay deadline and waiting-time penalty exposure in the employee's state. ☐ Determine whether accrued vacation must be paid out. ☐ Issue separation and benefit continuation notices required in that state. ☐ Confirm any separation agreement complies with the employee's state law on confidentiality, non-disparagement, consideration, and revocation; see termination, severance, and final pay. ☐ Confirm restrictive covenant enforceability before attempting enforcement; see trade secrets and restrictive covenants. ☐ Arrange equipment return with prepaid shipping and a documented inventory. ☐ Revoke system, account, and physical access on the last day. ☐ Remove company data from personal devices as the policy specifies, documented. ☐ Update the location roster; determine whether registrations should be closed if this was the only employee in the jurisdiction. ☐ Preserve records for applicable retention periods.

Tool 15 — Annual Audit Worksheet

☐ Roster reconciled against payroll addresses, benefits addresses, and login geography where lawful and disclosed. Discrepancies: ____ ☐ Registrations confirmed active in every state on the roster. ☐ Workers compensation endorsements match the roster exactly. ☐ Every exempt classification retested against current state thresholds. ☐ Pay statements sampled for required content, by state. ☐ Expense reimbursements sampled against state duty; stipend methodology re-documented. ☐ Regular-rate treatment of stipends and bonuses re-verified under 29 C.F.R. Part 778. ☐ Timekeeping sampled; unrecorded time reports reviewed and corrections confirmed paid. ☐ System activity reconciled against recorded time for a sample of non-exempt employees. ☐ Break compliance reviewed in states that mandate breaks. ☐ Paid leave accruals and program contributions confirmed. ☐ Notices and postings confirmed delivered and acknowledged. ☐ Monitoring configuration compared against the published notice. ☐ Policy reviewed against legal changes in every jurisdiction on the roster. ☐ Findings, owners, and due dates recorded and signed.

Tool 16 — Authority Quick Card

Subject Citation
Suffer or permit to work 29 U.S.C. § 203
Minimum wage 29 U.S.C. § 206
Overtime 29 U.S.C. § 207
Recordkeeping 29 U.S.C. § 211; 29 C.F.R. Part 516
Exemptions 29 U.S.C. § 213; 29 C.F.R. Part 541
Preliminary and postliminary activities 29 U.S.C. § 254; Alvarez, 546 U.S. 21
Hours worked; interpretive rules 29 C.F.R. Part 785; Part 790
Regular rate 29 C.F.R. Part 778
Payments and deductions 29 C.F.R. Part 531
Family and medical leave 29 U.S.C. § 2601; § 2611; § 2612; 29 C.F.R. Part 825
Employment taxes and withholding 26 U.S.C. § 3121; § 3401; § 3402

Tool 17 — Where a Remote Work Problem Usually Leads

⭐ If you adopt only three tools here, adopt the location change request, the manager script, and the per-state onboarding checklist. The first two stop the exposure from being created; the third makes handling it routine when the answer is yes.

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