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Nonprofit Management
October 14, 2021
As employers continue to strategize for the future—paving the way for flexible work models and creative retention tactics—many are seeing permanent cha...
Read MoreAbout2021 Nonprofit Workforce Trends Infographic
Nonprofit Management
September 24, 2021
Nonprofit employers nationwide are living through a fundamental transformation in the way they work and the pace at which employee priorities are changing.
Read MoreAbout[Webinar Recording] UST Live: The Future of the Nonprofit Workforce
Nonprofit Management
September 14, 2021
Are you curious to discover how nonprofits have pivoted strategies in response to COVID-19 and how this pandemic is causing permanent change across the sector?
Read MoreAbout2021 Nonprofit Sector Report: Pandemic Impact on Workforce
Nonprofit Management
August 31, 2021
Risk management is defined as a discipline for dealing with the possibility that some future event will cause harm and nonprofit risk comes in an endless number of forms&...
Read MoreAboutThe Importance of Nonprofit Risk Management
Nonprofit Management
July 16, 2021
This quick reference guide highlights key findings from last quarter's most popular content—which focused on innovative nonprofit sustainability strategie...
Read MoreAboutUST Quarterly Nonprofit Digest: Nonprofit Sustainability Strategies
Nonprofit Management
July 07, 2021
UST recently published an eBook that discusses how the global pandemic challenged nonprofits in ways that were unprecedented at that time
Read MoreAboutNonprofit eBook “Preparing for Future Crises” Uncovers Strategies to Ensure Nonprofit Resiliency
Nonprofit Management
June 25, 2021
In the latest rendition of UST Live, we were joined by guest moderator, Jenny Berg of the Leadership Council for Nonprofits, where we welcomed thought leaders from across th...
Read MoreAbout[Webinar Recording] UST Live: Strategies to Identify Board Diversity
HR Management
June 18, 2021
While the nonprofit sector is dedicated to serving those in need, without encompassing diversity, equity, and inclusion (DEI) into their governance and operations, they risk...
Read MoreAboutDiversity, Equity, and Inclusion in Nonprofit Organizations
Nonprofit Management
June 14, 2021
With the rise of smartphones, social media and other digital channels, nonprofits now have more tools available to them for engaging donors than ever before.
Read MoreAboutFour Best Practices to Improve Donor Engagement
Nonprofit Management
May 27, 2021
Nonprofits across the country were forced to pause, pivot and make remarkable changes to their in-person events last year due to the unprecedented circumstances of COVID-19....
Read MoreAbout2021 Virtual Event Best Practice Tips
Nonprofit Management
April 16, 2021
In today’s talent-based economy, an organization’s workforce is one of its most important tangible assets. Despite its importance, this asset is often not carefully planned,...
Read MoreAboutA Workforce Strategy Designed to Help Push Your Nonprofit Forward
Nonprofit Management
December 18, 2020
This year, UST has been busy creating a plethora of timely and relevant resources designed specifically to help the nonprofit sector navigate the many unknowns presented by ...
Read MoreAboutUST's Most Popular 2020 Content
Nonprofit Management
December 02, 2020
This short 30-minute on-demand webinar features tools and resources that can help nonprofit employers streamline HR processes and stay compliant with state and federal regul...
Read MoreAbout[Webinar Recording] Supporting Nonprofit Sustainability During a Crisis
Nonprofit Management
November 04, 2020
As we continue social-distancing—heavily relying on virtual resources—large-scale events have taken on a whole new look and feel.
Read MoreAbout2020 Virtual Event Best Practice Tips
Nonprofit Management
October 15, 2020
UST's latest interactive webinar series, "UST Live," brings the collective expertise of reputable nonprofit leaders to you—live&#x2014...
Read MoreAbout[Webinar Recording] UST Live: Developing a Sustainable Strategy for 2021
Nonprofit Management
April 03, 2020
While in the midst of a global emergency, the current COVID-19 pandemic, nonprofits are challenged with how to successfully continue managing their mission-driven brand.
Read MoreAboutHow to Manage Your Brand During a Global Emergency

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HR Question: Hiring People in Different States

Question: We are going to hire remote employees in several different states. What must we consider from a tax and employment law perspective?

Answer: Generally, employers must comply with the labor law of the state in which the employee will be regularly performing services and where wages are paid to that employee. There is a common rule of thumb called “boots on the ground,” which implies the regulations would apply to the state where the employee is physically working, including wage and labor regulations for hours worked and overtime, as well as general fair employment practices, termination/final pay rules, and recordkeeping. From an employee perspective, income tax for the state where the employee works (as well as lives) falls under each individual state as well. Note too, that the state where the employee works is generally where the employer should be paying unemployment insurance tax and workers’ compensation coverage.

We recommend additional research with tax and legal experts when expanding into a new state, even with remote workers. The following information offers more details about unemployment taxes and new hire reporting.

Unemployment Taxes (UI)

In many cases, employers should apply the standards of the state where the employee works and resides (where their “boots” rest). However, an employer could also choose to select the requirements of the most generous state in which the business operates or follow the requirements of a more generous internal policy, and apply those rules consistently across all company locations.

Most states will allow a multistate company to pay UI taxes from one location, though this does still require registering with each state and getting approval.

In most states, UI taxes can be paid for all employees under a Reciprocal Coverage Agreement (RCA) in which UI is paid to only one state (i.e. the company’s headquarters) when an employer has employees in multiple states. It appears approval must be sought by each state for each employee for this to occur; however, it can at least provide the company the avenue of paying the unemployment taxes only from one state for all employees working from home in other states.

New Hire Reporting

An employer with employees in more than one state has two options in fulfilling new-hire reporting requirements. Multistate employers may choose either of the following:

  • Abide by the new-hire reporting program of each state and report newly hired employees to the various states in which employees are working.
  • Select one state where employees are working and report all new hires to that state’s designated new-hire reporting office.

Multistate employers who opt to report to only one state must submit new-hire reports electronically or magnetically. These employers must also notify the federal Department of Health and Human Services as to which state they have designated to receive all their new-hire information. The National Directory of New Hires then maintains a list of multistate employers who have elected to use single-state notification.

When notifying the department, the multistate employer must include all generally required reporting information along with the following:

  • The specific state selected for reporting purposes.
  • Other states in which the company has employees.
  • A corporate contact person.
  • A list of the names, Employer Identification Numbers (EINs), and the states where the employees are located if the company is reporting new hires on behalf of subsidiaries operating under different names and EINs. 

Q&A provided by ThinkHR, powering the UST HR Workplace for nonprofit HR teams. Have HR questions? Sign your nonprofit up for a free 60-day trial today.

Asset Publisher

Nonprofit Finance
April 23, 2021
According to the 2021 Benchmarks Report, the average nonprofit donor contributed an average of $167 in 2020—this per-donor metric was slightly lower than 2019.
Read MoreAboutOnline Fundraising Best Practices for the New Year (and Beyond)
Nonprofit Finance
December 18, 2019
Understanding the concept of the “business model” for your nonprofit has become a more integral component to maintaining organization sustainability within the nonprofit sec...
Read MoreAboutThe Importance of Understanding Your Nonprofit's Cash Flow
Nonprofit Finance
November 14, 2019
Last year, the Financial Accounting Standards Board (FASB) released Accounting Standards Update (ASU) 2018-08, which clarifies the accounting guidelines for contributions re...
Read MoreAbout[Webinar Recording] Accounting for Nonprofit Grants and Contributions
Nonprofit Finance
October 29, 2019
Giving in the U.S. in 2020 will be different in many ways than previously—mainly because of campaigns, economic conditions, and tax law implications. Don'...
Read MoreAbout[Webinar Recording] Trends and Forecasts for Charitable Giving
Nonprofit Finance
October 08, 2019
What is an executive director? An executive director is “responsible for overseeing the administration, the program and the strategic plan of a nonprofit organization. Other...
Read MoreAboutHow an Executive Director Becomes a Financial Leader
Nonprofit Finance
September 27, 2019
Thousands of nonprofits have registered with their states in order to legally solicit donations... do you know what state requirements extend to your organization?Presented ...
Read MoreAbout[Webinar Recording] Fundraising Registration 101
Nonprofit Finance
May 10, 2019
Are you familiar with the Accounting Standards Update (ASU) 2016-14 issued by FASB? It’s a standard created to offer solutions to simplify and improve how a nonprofit organi...
Read MoreAbout​​​​​​​Lessons Learned from Implementing ASU 2016-14 – Functional Expenses
Nonprofit Finance
May 01, 2019
Did you know that certain nonprofits can legally opt out of paying state unemployment taxes? Do you understand who is benefiting from this tax exemption law? In this article...
Read MoreAbout​​​​​​​The True Story of Nonprofits and Taxes
Nonprofit Finance
November 08, 2018
With holidays on the horizon, this is the time for holiday shopping, family gatherings and ringing in the New Year. With so much on our plates, time can get away from us&...
Read MoreAboutExercise Your Nonprofit’s Tax Exemption for 2019
Nonprofit Finance
August 01, 2018
UST releases 2018 UI toolkit to help nonprofit organizations better understand unemployment insurance options and claims management best practices. UST, a program dedicated ...
Read MoreAboutNonprofit Toolkit Offers the Top Guides for Managing Unemployment
Nonprofit Finance
July 13, 2018
UST is giving 532 nonprofits $3,869,249 in cash back for their ability to reduce their anticpiated unemployment claims within the year. UST, a program dedicated to providing...
Read MoreAboutNonprofits Receive Over $3.8 Million in Cash Back Through UST’s Claims Management Services
Nonprofit Finance
June 26, 2018
UST helps 501(c)(3)s lower their unemployment costs & maintain HR compliance, providing resources to help refocus on mission objectives. UST, a program dedicated to ...
Read MoreAboutUST Nonprofit Members Utilized Over $1.1 Million in Cloud-Based HR Resources
Nonprofit Finance
June 20, 2018
UST helps 501(c)(3)s lower their unemployment costs & maintain HR compliance, providing resources to help refocus on mission...
Read MoreAboutUST Uncovers $2.8 Million in Potential Unemployment Claims Savings for 135 Nonprofits
Nonprofit Finance
May 31, 2018
UST helps 501(c)(3)s lower their unemployment costs & maintain HR compliance, providing resources to help...
Read MoreAbout70 Nonprofits Choose UST as Their Primary Nonprofit Workforce Solution
Nonprofit Finance
May 03, 2018
In an Effort to Provide More Robust and Readily Accessible HR and Unemployment Resources to the Nonprofit Sector, UST Launches a New ...
Read MoreAboutUST Launches New Website to Unveil New Branding & Nonprofit Programs
Nonprofit Finance
August 17, 2017
Utilizing State-Specific Unemployment Claims Administrators, Who Help Protest Unemployment Claims and Attend 100
Read MoreAboutNonprofits Experience $27.8 Million in Unemployment Claims Savings With UST Program
Nonprofit Finance
October 08, 2016
Working on a restricted budget isn’t easy. But you can take some simple cost-cutting measures to free up some more dollars for your mission. Here are UST’s top 8:1. Get disc...
Read MoreAbout8 Simple Nonprofit Cost Cutting Ideas
Nonprofit Finance
August 15, 2016
Sometimes the hardest part of being a nonprofit isn’t fulfilling your organization's mission — sometimes it’s just making sure there are enough supplies f...
Read MoreAboutFree Resources for Nonprofits

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