Work Without Borders: Legal Challenges in the Age of Remote and Hybrid Employment

Authors

Kiera Doughty

Abstract

The shift to remote and hybrid work arrangements in recent years has fundamentally changed employment practices, offering increased flexibility while also creating complex legal and regulatory issues for employees, employers, and state authorities, specifically in the tax and human resources contexts. The current system of state and local laws inadequately addresses these issues, leading to double taxation, compliance problems, and legal disputes. In addition to taxation complexities, remote work environments have introduced unique risks related to online discrimination and harassment, as well as broader issues such as privacy, monitoring, and equitable workplace protections. If left unresolved, employers could face costly tax audits, workplace litigation, and reputational damage. By examining key legal frameworks, proposed strategies, and recent case law, this article reveals how tax inconsistencies and gaps in virtual workplace protections are adversely impacting both employees and employers. It concludes that establishing a uniform regulatory framework and utilizing strategies such as reciprocal tax agreements, standardized tax credits, and stronger virtual workplace guidelines is essential to streamline remote work taxation and ensure a safer, fairer work environment. State and federal cooperation is crucial in resolving these inconsistencies and addressing emerging challenges in remote work settings to promote a more cohesive approach. Clearer guidance on jurisdiction, nexus, and withholding rules would reduce confusion, alleviate tax burdens, and support the expansion of flexible work arrangements. Additionally, enhanced legal protections for virtual environments would help to balance flexibility with accountability in the modern workplace.

First Page

111

Recommended Citation

Kiera Doughty, Work Without Borders: Legal Challenges in the Age of Remote and Hybrid Employment, 9 Bus. Entrepreneurship & Tax L. Rev. 111 (2025).
Available at: https://scholarship.law.missouri.edu/betr/vol9/iss1/7