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Lasting Remote Work May Create Cross-Border Tax Issues

As teleworking evolves from necessity to norm, companies with long-term remote workers abroad are facing the expiration of countries’ taxation grace periods—offered at the start of the novel coronavirus pandemic—and, in their place, potentially nebulous cross-border tax complications.

In a recent article for Law360, McDermott partner David Noren discusses employer tax considerations related to remote workforces.

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Predictions on the Long-Term Outlook for Remote Work

With a second wave of COVID-19 infections forecasted by some experts and many companies actually seeing improvements in productivity as their employees work from home, it’s very possible that the current state of affairs could become a new normal, with companies either continuing remote work indefinitely or at least revisiting their existing policies around occasional remote work.

TechStaffer polled business leaders and managers, including McDermott partner Carole Spink, to get input on where their organizations stand on their long-term outlook for remote work.

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Uniformity Needed in State Teleworking Guidance, Practitioners Say

The patchwork of teleworking guidance issued by states during the COVID-19 pandemic is creating withholding challenges for employers that could be unconstitutional, according to tax practitioners.

In a recent article in Tax Notes, McDermott partner Alysse McLoughlin outlined employer tax concerns amid an increasingly remote workforce.

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Launching Advanced Talent Acquisition Tools to Tackle Global Employer Recruiting Challenges in the Wake of COVID-19

In the United States, the COVID-19 pandemic initially created mass redundancies, as many employers, especially those in hard-hit industries like travel, accommodation and entertainment, were forced to part with talented employees they would normally retain. This sudden pressure to downsize created a glut of available talent composed of the most qualified pool of workers in recent memory. Faced with an uncertain future, these candidates were highly motivated to secure new employment right away.

In McDermott’s latest installment of International News, partner Richard Scharlat is joined by AC Lion’s Alan Cutter to explore the cutting-edge strategies employed by recruiters to facilitate the efficient and targeted placement of talent amid the global health crisis.

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What’s Expected in Employment Law in 2021?

Last year ended as an unprecedented and historic year, with far-reaching effects across diversity, equity and inclusion, employment practices and workplace standards. In a recent article for International Law Office, partners from McDermott’s Employment group highlight what changes are expected in 2021 and how these may affect employers and employees.

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New Criminal Obligations on UK Employers and Employees

In September, the Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 came into effect in the United Kingdom. The Regulations, together with earlier updates from the Government of the United Kingdom, require office workers who can work “effectively” from home to do so over the winter. What’s more, potential criminal liability attaches to any employer failure to comply with the Regulations.

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With Everyone Working from Home, What’s the Future of Freelance?

The freelance space, one of the few sectors to thrive as a result of the COVID-19 public health crisis, has seen a surge of openings, especially with the shift to remote work. But the blurred new reality can be bad for freelancers: An employer can have two workers doing essentially the same job, and sometimes what differentiates them is not what they turn in or the gains they make for the company but rather their earnings and insurance status, potentially putting a contractor in a disadvantaged position.

In a recent article from Durrelliot, McDermott partner Michelle Strowhiro explains the importance of establishing clear boundaries for freelancers and employees alike in the era of “working from home.”

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SHRM Report: Global Executives Respond to Remote Work, Other Emerging Trends

Remote work will be a talent magnet in coming years and must be viewed as a long-term investment, according to recent global research conducted by the Society for Human Resource Management (SHRM), Oxford Economics and SAP Success Factors. A recent article by the Society for Human Resource Management outlines remote work trends, and McDermott partner Carole Spink highlights opportunities for employers to connect with their teams in the era of increased remote work.

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Be Sure to Change Furloughs into Layoffs Lawfully

Employers that are converting furloughs into permanent layoffs need to ensure compliance with the Worker Adjustment and Retraining Notification (WARN) Act and with the Consolidated Omnibus Budget Reconciliation Act (COBRA).

In a recent article by the Society for Human Resource Management, McDermott partner Carole Spink explains why employers should carefully consider both state and federal regulations—and the importance of clear communication—when converting furloughs into layoffs.

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Adrift, Yet Connected

Some estimates have upwards of 10 million Americans living abroad; three-fifths of them are working in some fashion, according to a 2017 survey by the expatriate support organization InterNations. And even if a much smaller number are working for US employers, a substantial portion have spent much of 2020 navigating the challenges of visa, benefits, taxes and work status. Beyond that, the challenges that come along with remote work—Zoom fatigue, balancing caregiver roles with job tasks and more—are exacerbated by working across a long stretch of time zones.

In a recent article by Evolve, McDermott partner Brian Cousin outlines the importance of employers staying engaged with their employees working abroad—and staying on top of shifting employment circumstances and restrictions.

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