Does NJ have a convenience of employer rule?
To add to the complexity, Connecticut, Delaware, Nebraska, New York, New Jersey, and Pennsylvania have a “convenience of the employer rule”: if the employer is requesting that the employee work in a different jurisdiction, then, for state income tax purposes, the employee is subject to withholding based on the location …
When is telecommuting a problem for an employer?
This includes situations where an employee works overtime without permission but the employer “knows or has reason to believe” the employee is continuing to work. 12 Telecommuting is often viewed as problematic because it can be difficult for an employer to monitor telecommuters’ hours when they are working off-site.
What should be included in a model telecommuting policy?
A model telecommuting policy should: ✔ Describe the process for requesting a telecommuting arrangement, including identifying the relevant decision maker (s)
How does the FLSA apply to telecommuting employees?
Complicating matters, the FLSA requires an employer to compensate an employee not only for work that the employee has expressly directed, but also for work not requested but “suffered or permitted” to be performed. 11
How is telecommuting an accommodation under the ADA?
In general, an accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities. 2 In recent years, plaintiffs have argued that telecommuting is a reasonable accommodation within the meaning of the ADA.
Why are New Jersey commuters working in their homes?
And with the state continuing to suffer significant revenue losses triggered by the health crisis, some New Jersey lawmakers have begun to eye the income that Garden State commuters earn while working in their homes as a potential solution to ongoing budget problems.
Can a telecommuter create a tax nexus for an employer?
With each state maintaining its own guidance on if and how telecommuters create a tax nexus for their employers, organizations have had to stay on top of numerous differing and evolving locality tax regulations, before ensuring proper management of tax withholding for affected workers.
Do you need ocean state tax withheld when telecommuting?
But a Rhode Island resident who normally works across state lines, but is temporarily telecommuting from Rhode Island, does not need Ocean State taxes withheld during the pandemic.
Why do teleworkers pay taxes in New Jersey?
The source of what could eventually be a revenue windfall for New Jersey is the income earned by residents who would normally be showing up at their jobs in New York, but are instead working from homes in New Jersey due to the pandemic.