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Rising Star
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Rising Star
Are you hybrid now? Working in a different state on a regular basis can trigger all sorts of issues - such as workers comp premiums, insurance, employment law issues, taxes etc., so you may want to do some research on it… and will likely need to tell someone.
Yeah I was worried about that…I considered maybe just telling them if there are any added expenses then please deduct those from my paycheck.
Pro
These concerns are all relics of an age when working remote wasn’t like it is today. So are you technically breaking the rules? Yes. Is everyone else? Also yes. What are the chances that anyone from the state bar finds out? Almost nonexistent. I know lawyers aren’t known for their ability to calculate risk, and instead prefer avoiding it as all costs, but the risks of this actually becoming an issue are very small.
https://www.floridabar.org/the-florida-bar-news/court-sets-rules-for-out-of-state-lawyers-who-work-remotely-from-florida/
Cont’d: I’m assuming of course my firm permits hybrid remote. If not, I’d find a different firm that does.
It’s not just added expenses: one worker in a different jurisdiction could open the whole organization to the labor laws of that jurisdiction. You’ll have to tell them for tax purposes if nothing else.
👆This. I think obfuscating from the employer is a bad look from their POV if you’re discovered and *could* cause compliance headaches for them depending on facts we don’t have.
Is it difficult to waive into the nearby state? It seems like a lot of work to avoid getting your license in this other state that you’re gonna have to spend a lot of time in.
Chief
Florida has pretty strict unauthorized practice of law restrictions, so that’s also a concern. I think the same goes for other states that don’t have reciprocity.
I’m pretty sure Florida just came out with an opinion saying it isn’t unlicensed practice of law as long as you’re not performing the legal work using laws/for clients in another state. The ABA also issued an opinion to that effect. I agree though about the labor laws/tax but wouldn’t that also be true if I was just on a vacation and working from my hotel?
Chief
Tax laws in some states disregard if it’s under a certain threshold (i.e., 10 or 30 days a year). If you’re on vacation, you’re not going to hit that. If you’re spending 40% of the workweek there, you will.
I think there was also some ABA opinion differentiating between people hired in a state and working “out of” a state they are licensed in though moving to another state v people taking a new job in a state they aren’t licensed in.
So don’t stress about the bar so much but definitely tell your employer if you plan on becoming a resident of a new state.