Managing Requests for Overseas Remote Work

Managing Requests for Overseas Remote Work

This program will help in-house counsel identify and resolve compliance issues for U.S. employees who wish to work remotely from outside of the U.S.  This is especially important when companies have a limited global footprint without a local presence in the location of remote employment.

• Identifying Potential Reasons for Approving Cross Border Remote Work
• Crafting a Corporate Policy
• Identifying Risks and Ways to Mitigate
  • Business considerations
    • What does the Business want to do?
    • How long is it for?

• • Immigration
    • Can employee legally work in the jurisdiction?
    • Do US visas lapse if non-American employee leaves the US?

• • Labor Laws
    • Which jurisdiction’s laws govern?
    • Territoriality principle
    • At-will versus contractual employment
    • Intellectual property laws if employee is creating IP
    • Data protection / Privacy / Data Security
    • How to document company expectations

• • Payroll/Employee Taxes
    • How to continue paying in the US
    • Where will employee owe income taxes?
    • Where will employee owe social security/social insurance?
    • How to mitigate issues (use partner entity, PEO / payroll provider)
      • Employee Benefits
        • Health insurance / national health schemes
        • Review 401K scheme rules

• • Corporate Tax
    • Does employee’s presence create a Permanent Establishment and therefore corporate tax risk?
    • How to mitigate against PE risk.

Speakers

Ceridwen (Ceri) Koski, Shareholder, Ogletree Deakins
Rebecca Marks, Of Counsel, Ogletree Deakins
Nicole Gutierrez, Associate General Counsel | Law & Governance, TELUS International US