Remote instruction is here to stay.

How to mitigate the HR and financial risks of managing faculty and staff who live across state lines.

If the last 18 months taught us anything, it’s that learning can happen anywhere, especially outside the traditional college campus. But what happens when your faculty and staff prefer to remain remote? Or your institution’s business needs require it?

Today’s colleges and universities are challenged to not only build a modern digital learning environment, but also to ensure that virtual instruction is high-quality, relevant, and inclusive of diverse experiences and perspectives.

Because instruction can be delivered from around the world, it’s refreshing to see colleges and universities embrace a global talent mindset—attracting experts as faculty and staff regardless of geography. This frontier is an exciting—albeit risky—evolution for higher education.

This immense opportunity comes with a fair share of risk.

Teaching or working remotely brings a host of compliance considerations for institutions. For example, proper payroll deductions, tax liabilities, and handling of workers’ compensation or unemployment claims all vary by state, and in some cases, by county or city. Staying up to date on these regulations demands diligence and dedication.

Without question, interpreting jurisdictional compliance puts a sizable burden on human resources of academic institutions to monitor and assure fidelity to the local, state, federal, and international standards. When the pandemic hit, some of this was relaxed, but that’s no longer the case. Institutions that violate requirements may face audits, governmental fines, and claims for back wages and taxes. Individuals knowingly breaking these rules can also be held personally accountable.

According to Seyfarth Shaw’s 2021 Annual Workplace Class Action Litigation Report, the top 10 wage and hour settlements in 2020 cost organizations a combined $295 million. In addition, the report asserts that, “The Covid-19 pandemic created new challenges and new laws, which led to new types of workplace issues, new remote-work challenges, and new class theories that are likely to become part of the fabric of complex workplace litigation for years to come.”

Knowing that the stakes are high, the Kelly Education team has simplified some of the more substantial considerations we flag from a human resources perspective. By no means is this advice, rather high-level annotation of emerging concerns when managing a remote higher education workforce.

Wage and hour issues are complicated.

While some states follow the federal Fair Labor Standards Act (FLSA) to determine whether an employee is exempt or non-exempt from receiving overtime, others have their own set of laws that look beyond basic salary thresholds. What adjunct professors and even IT professionals are categorized as can vary based on the duties of the employee in addition to how much they make. What’s more, paid sick leave, Covid-19 leave, family leave plans, and pay equity laws all vary by state. There are also differences in rules about how frequently employees should be paid, what should be presented on a pay stub, requirements around meal and rest breaks, and reimbursements for business-related expenses—including internet, cell phone usage, and mileage.

Want to learn more?

Watch an on-demand webinar on, “Investing in the power of a virtual higher education workforce—while mitigating the risks,” with Kelly Education’s in-house wage and hour, workers’ compensation, and unemployment experts.

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“Interpreting jurisdictional compliance puts a sizable burden on human resources to monitor and assure fidelity to local, state, federal, and international standards.”

Tax liabilities are nuanced.

State and local regulations typically require employers to withhold state income tax first based on where an employee performs services, and secondarily where the employee resides. However, tax law is never that simple. Individual states make it more complicated. For example, some states impose non-resident income tax liability ranging from ten days to two months of work in another state. Other states apply a “convenience of the employer” test to tax out-of-state employees who work for in-state employers––meaning out-of-state employees are taxed unless the employer requires the services to be performed out-of-state.

Unemployment and workers’ compensation claims are unexpected.

You might be surprised to learn that even when faculty are teaching from their own homes, injuries and illnesses can occur while on assignment. A fall during a remote lecture or a carpal tunnel diagnosis could be considered as work-related injuries, potentially covered under state-specific workers’ compensation laws. It’s critical that insurance premiums and unemployment taxes are paid in the proper jurisdiction. Further, claims often require a thorough investigation and documentation, so the employee receives appropriate and timely medical attention.

As institutions continue to build their virtual instruction programs, the associated risks and liabilities shouldn’t prevent them from unleashing the power and potential of remote faculty and staff. However, there is a strong case to be made that they would benefit from an experienced and consultative partner such as Kelly Education that can join them along this journey. We have also expanded our diverse workforce of and talented professional and academic faculty who can supplement fluctuating enrollments.

An experienced partner can help.

For 75 years, Kelly has been helping institutions around the world attract, onboard, develop, and manage their workforce. Our more than 200 higher education clients trust us to conscientiously manage their payroll and help them navigate payroll compliance standards across the U.S. and abroad. We also assume the tax liability and statutory insurance coverage requirements for our employees and ensure that they receive a consistent, accurate paycheck. In some cases, we also provide access to employee benefits.

Forward-looking institutions recognize that they need to attract, hire and retain the most qualified candidates to meet the growing demands of the evolving higher education landscape. As they embrace this period of profound and exciting change, the Kelly Education team stands ready to support their efforts to build a dynamic workforce and cultivate world-class faculty.

Introducing Dr. Michael Plater.

Kelly Education would like to introduce you to Michael Plater, Ph.D. He is the vice president and practice leader for our Higher Education division. He joins us as a distinguished leader with 30+ years in academia, holding positions as university president, provost, dean, and professor. As vice president, Dr. Plater is a strategic business partner to administrators at institutions of higher education. His passion is helping to solve the economic pressures of talent-related challenges for colleges and universities around the globe.

This content was paid for and created by Kelly Education. The editorial staff of The Chronicle had no role in its preparation. Find out more about paid content.