How do you handle payroll taxes, the rate of pay and other employment law issues when your employee travels a lot for work?

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How do you handle payroll taxes, the rate of pay and other employment law issues when your employee travels a lot for work?

States have a variety of laws surrounding these “traveling employee” issues. Some states – roughly 26 – have a “first-day” rule. This means they require taxation on wages if the worker is in the state for only 1 day.

Here is a good source for taxation by state: http://www.mobileworkforcecoalition.org/problem/

Here is a nice explanation from a California Law Blog. It cites a couple of court cases. Basically, it says for MW and OT, the state in which the worker is performing the work would have control over the MW and OT laws.

http://blog.lawroom.com/legal-update/when-employees-work-out-of-state/

Workers’ Comp can be tricky too. Here is a great article about traveling employees and WC: https://www.iamagazine.com/magazine/read/2017/10/02/traveling-employees-does-workers-comp-coverage-follow