Employers: Where are you in the return to office journey?

Key considerations for 2023 include whether employers will require a return to the office, on what basis, how to handle employees who moved geographically out of commuting range during the pandemic, and the continued prevalence of hiring remote employees nationwide.

In strategizing on these issues, consider that:

  1. the New York State Pay Transparency Law may be amended before it even takes effect in September, to require that salaries be posted for any position that will report to someone in New York, even if the position is never performed in New York (the current law will only require posting of salaries if the work “can or will be performed” at least partially in New York); and
  2. if employers permit formalized remote work arrangements, they may have to register to do business in that state, pay state taxes, and make sure to afford employees the protections of the state and local laws from where they are working remotely.