UCI Human Resources Work Reimagined
Home Toolkit for Leaders For Leaders For Staff Technology Resources Webinar Series

REMOTE WORK OUTSIDE OF CALIFORNIA

Remote work arrangements are primarily for staff residing in California, because the staff member may need to periodically report to work on-site and because work performed by staff living outside of California may be subject to other state laws, filings, and income taxes and have limitations in available benefits.

In certain situations, however, exempt staff may work remotely outside of California (within the United States) after review and approval from the supervisor, unit leader and HR Policy & Compliance, as well as completion of an Out-of-State Remote Work Criteria Checklist and Remote Work Agreement. Exempt staff are paid on a salary basis and are not eligible for overtime.

Non-exempt staff who are not already working out-of-state will not be allowed to work out-of-state after September 30, 2022. However, non-exempt staff working out-of-state on an approved flexible work agreement prior to October 1, 2022, may be approved to continue working out-of-state at the discretion of their supervisor and HR Policy & Compliance. Non-exempt staff are paid hourly and are eligible for overtime.

Exempt and non-exempt staff are not permitted to work internationally.

Webinar recordings

SUPERVISOR STEPS FOR REVIEWING OUT-OF-STATE WORK REQUESTS

  1. Complete an Out-of-State Remote Work Criteria Checklist via DocuSign
      See SAMPLE OUT-OF-STATE CHECKLIST to know what's required to be completed
    1. Supervisor completes the checklist to determine eligibility.
      • If the staff member is eligible based upon the checklist, sign, and route for approvals
      • If not eligible, discuss decision rationale with staff member
    2. 2nd level leader (supervisor's manager) reviews/signs the checklist
    3. HR Policy & Compliance reviews/signs the checklist
  2. If the Out of State Checklist is approved by all parties, complete and route a Remote Work Agreement for approval
    1. If not approved, discuss decision rationale with staff member

EMPLOYEE STEPS TO WORK OUT-OF-STATE (WITHIN THE UNITED STATES)

  1. Not all positions are eligible for out-of-state work. Discuss your request to work out-of-state with your supervisor, who will review the position eligibility with unit leadership and with HR Policy & Compliance.
  2. If approved, review and complete a Remote Work Agreement
  3. To ensure appropriate tax withholding, staff who are approved to work outside California must update any changes to their address and withholding information in UCPath to the state in which the staff's services are performed. Staff are responsible for compliance with tax laws and should be aware of California tax residency rules and work with their outside tax adviser to ensure that they are compliant with both California and home state tax laws. Staff are also responsible for reviewing and complying with their state’s Mandatory Employment postings.

If you have questions regarding work outside of California, please contact your departmental human resources professional or your Human Resources Business Partner (HRBP).