Five Things to Know About Remote Work

“When in doubt, employers should consult with local legal and tax professionals in the states where employees are working.” Read more from Jennifer Hostetler and John McCormick-Huhn in this article published in the Five Things issue of the bar journal Communiqué (Jan. 2023).
  1. Nevada employers need to remain compliant with Nevada’s labor laws. Nevada’s labor laws still apply when employees work remotely in locations in Nevada other than their regular workplace. Specifically, employers need to be mindful of provisions in NRS Chapter 608 and NAC Chapter 608, which provide, inter alia, the general requirement for hourly wages to be paid, meals and rest periods, and, absent an applicable exception, the requirement to pay for overtime.
  2. Employers may be subject to additional requirements if employees work remotely from outside of Nevada. Employers should monitor whether employees are working in a state other than the state the employee was hired to perform work, as those other states may impose additional legal requirements on employers. The laws related to this issue are rapidly evolving. When in doubt, employers should consult with local legal and tax professionals in the states where employees are working. To start, employers should inquire as to requirements regarding state taxes, workers’ compensation, unemployment insurance, and any business registrations required to be filed with the state.
  3. Update policy handbooks to include policies related to remote work. Employers should update policy handbooks to include remote-work policies. Such policies should provide clear expectations, guidelines, and standards for employees of all levels who work remotely. For example, policies might clarify something as simple as whether cameras should be on or off during videoconferences, or policies could address more complex topics such as how frequently and in what medium supervisors should provide employees with feedback on job performance. When drafting remote-work policies, employers should consider adding provisions that reserve their rights to modify remote-work policies and procedures, including the option to require an employee to return to the office full time.
  4. Beware of cyber-related risks. Remote employees are likely to use personally-owned equipment and home Wi-Fi networks, both of which might lack the typical security measures used in the office and can be targeted by cybercriminals. Employers need to educate themselves—and then provide subsequent trainings to employees—about cyber threats, such as ransomware attacks and phishing schemes. Employers might consider investing in professional risk assessment services to determine weak spots in their organization’s security infrastructure. In the immediate, employers could implement multi-factor authentication and scheduled data backup to the cloud.
  5. Find ways to optimize the remote-work environment, including health and wellness. Health professionals have suggested simple strategies for creating an environment conducive to healthy and productive remote working: follow a daily routine, exercise, and stay hydrated. The design of the home office is also important. Employees should avoid working on the couch and invest in an office chair that supports posture. Computer monitors should be at least an arm’s length away, and the top of the monitor should be at or right below eye level. Also, employees should be reminded of the 20-20-20 rule: for every 20 minutes of screen time, find an object that is at least 20 feet away and look at that object for 20 seconds.

About this article: This article was originally published in the “Five Things” issue of Communiqué (January 2023), the official publication of the Clark County Bar Association. See https://clarkcountybar.org/member-benefits/communique-2023/communique-january-2023/.

About the authors
Jennifer K. Hostetler

Jennifer K. Hostetler, Esq. is a partner at Lewis Roca. Jennifer defends employers in state and federal court against claims brought by their employees including claims of wrongful termination and discrimination. Jennifer also counsels and advises employers with respect to their employment decisions and policies.

John McCormick-Huhn

John McCormick-Huhn, Esq. is an associate at Lewis Roca. He is a member of the firm’s Litigation Practice Group and focuses on commercial litigation matters. Prior to joining Lewis Roca, John was a judicial law clerk for Judge Bonnie A. Bulla at the Nevada Court of Appeals.

© 2023 Clark County Bar Association (CCBA). All rights reserved. No reproduction of any portion of this issue is allowed without written permission from the publisher. Editorial policy available upon request.