North Dakota Homeworkers/ Telecommuting laws & HR compliance analysis

North Dakota Homeworkers/ Telecommuting: What you need to know

State workers. The state Office of Budget and Management's Human Resource Management Services permits telecommuting as a viable option for all or part of the regular workweek for eligible positions and employees. The Office also addresses temporary telecommuting by state workers in its emergency/inclement weather and pandemic disease plans and is used as a reasonable accommodation under the Americans with Disabilities Act.
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Telecommuting requires a signed agreement between the division director and employee outlining the specifics of the arrangement. A risk management checklist for the home worksite must be completed and filed in advance. The telecommuting arrangement is first undertaken under a trial period. A telecommuting agreement may be suspended or terminated at any time by the division director due to business needs.
Taxation of out-of-state telecommuters. Workers who are present in North Dakota for less than 20 days or parts of 20 days, and who have no other income derived from the state, have not created a nexus determination and will be exempt from withholding and income tax if their state of residence has a similar policy or does not have an income tax (ND Cent. Code Sec. 57-38-59.3),
The state follows the federal Fair Labor Standards Act with regard to the compensation of homeworkers.
Questions about industrial homeworkers may be directed to the state Department of Labor and Human Rights at http/www.nd.gov/labor or by calling 800-582-8032.
Businesses that employ homeworkers with disabilities at wages under the state minimum wage must obtain a special certificate from the commissioner of labor (ND Cent. Code Sec. 34-06-15).
Last reviewed on July 20, 2017.

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