Out-of-State Domestic (U.S.) Work Arrangement Guidelines
Last Updated: June 29, 2023
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With the changing needs of a diverse workforce, we recognize that units may need to hire and retain employees who will live and work within the U.S., but outside the state of Arizona.
However, the complexities and costs of complying with state and local laws and tax requirements are increasing. To continue to ensure we remain committed to our Arizona community and land-grant mission, requests for out-of-state work arrangements require leadership approval and must meet the institutional guidelines on this page.
Quick Facts
Situations excluded from these guidelinesUpdated
You do not need to complete the request process on this page if an arrangement is for any of the following scenarios:
- A student worker or graduate assistants/associate.
- A University of Arizona Global Campus employee
- An employee who periodically travels on University-affiliated business but conducts the majority of their work in the state of Arizona.
- Travel out of state for:
- Sabbatical
- Approved leave
- Vacation
Arrangement durations
Minimum duration
Arrangements eight weeks or less (consecutive, or cumulative within a calendar year) do not need to complete the request process on this page.
Maximum durationUpdated
These guidelines no longer define a maximum duration. Arrangements may be approved by the SVP for as long as defined by the needs of the hiring unit.
Exceptions
Arizona employees on University-sponsored visas must receive additional approval from International Faculty and Scholars regardless of length of arrangement.
International arrangements
International arrangements have a different review and approval process. The Human Resources International Employment page provides guidelines.
University of Arizona Global Campus employees exempt from the domestic work arrangement guidelines remain subject to the international arrangement review and approval process.
Important Note: As of July 1, 2023, University of Arizona Global Campus (UAGC) employment arrangements are not subject to these guidelines. UAGC units should continue to follow the existing UAGC processes for domestic out-of-state employment
Request Process
If you receive a request for an out-of-state domestic work arrangement from a current employee or are considering recruiting someone located outside of the state of Arizona, you must follow this process before initiating an arrangement.
1.
Determine if an out-of-state approval request is necessary
Review the Quick Facts section to determine if the potential out-of-state work arrangement requires the process approval defined on this page.
2.
Verify that the employee, or potential employee, meets eligibility criteria
Review Eligibility Criteria section.
3.
Obtain documented approval from your Senior Vice President
Supervisors should first obtain approval from their college or division leadership. Once received, they should submit a request memo to their respective SVP.
The memo request should include as much information as possible to demonstrate the suitability for the arrangement, including the employee's name, title, department and specific expertise, as well as the business rationale for the proposed arrangement and expected length of time outside the state.
The SVP will review the request to determine if the arrangement is in alignment with the University's business needs and mission.
4.
Submit notification form to begin compliance review Updated
Once SVP approval has been obtained, submit the Out-of-State and International Employment Notification Form to initiate a compliance review, which will focus on key compensation, payroll and visa requirements.
New After submitting your notification form, you may move forward with your out-of-state arrangement prior to receiving the results of the compliance review. However, the arrangement may be subject to necessary changes as a result of the compliance review. HR will follow up once the review is complete to communicate any concerns and next steps regarding the reviewed compliance parameters.
Key Benefits of Awaiting Compliance Review Results
We encourage units to wait until the compliance review is complete prior to initiating the arrangement in order to reduce the number of required changes to the position or work arrangement.
The compliance review may reveal necessary changes, including adjustments to compensation level or exemption status, which could affect time-reporting requirements or budgets. If you move forward with arrangements and issues are identified during the review, you may have to restart the recruitment process to make necessary adjustments and there may be other financial impacts on the department.
5.
Update or add the employee's business address in UAccess Added
For approved out-of-state domestic work arrangements, unit business offices must ensure that the employee’s business address in UAccess reflects the approved out-of-state location. Failure to maintain an accurate business address throughout employment can negatively affect exemption status, compensation, taxation, benefits leave and more.
NEW HIRES
For a new employee working outside of Arizona at the time of hire, the business address should be added during the New Hire Transaction Process.
CURRENT EMPLOYEES
Current employees cannot update their own business address in UAccess. Designated business managers or unit HR representatives with "MSS Personal Information - HR Department Approval" permission must submit the business address change through an MSS Personal Information transaction.
The pathway to process a business address change in UAccess:
UAccess > Employee/Manager Self Service > Request MSS Transactions > People > Personal Info Change Request > Enter the emplid > create a new request > Edit Address or Add Address Type of BUSN.
Review the Out of State Business Address Quick Reference for more information.
Eligibility Criteria
Supervisors and managers must ensure their employee's position meets the eligibility criteria for both of the following:
- At least one position type
- The exemption status rule
1. Position type
RESEARCH/WORK
Faculty and staff conducting research/work located outside of Arizona and directly serving the land-grant mission. This position type does not include employees whose work can be performed and completed within the state of Arizona and does not include employees who live in another state and travel to Arizona to perform their work duties.
FULLY ONLINE INSTRUCTION
Faculty who are teaching and delivering fully online courses in a subject matter area where it would be difficult or impossible to secure someone to work in Arizona. This includes course facilitators who directly support fully online faculty in delivery and management of courses. This arrangement is not intended for tenure-track faculty. This position type does not apply to online advisers who advise online students.
Official out-of-state offices
Any staff, faculty or administrators serving at an official University office located outside the state of Arizona, such as the Washington, D.C. Center for Outreach & Collaboration
Donor cultivation
Frontline development professionals who reside in a specific region of the U.S. and are assigned to work in that region for the purposes of donor cultivation on behalf of University programs.
Recruitment
Staff recruiting non-resident students.
2. Exemption status
All eligible employees must meet the Department of Labor’s Fair Labor Standards Act (FLSA) and state-specific exemptions status from the state in which they work. Employees in this category are exempt from both minimum wage and overtime pay.
To qualify for exemption under FLSA, employees must meet a job duties test and be paid on a salary basis at no less than $684 per week. To learn more about exemption status, download the Department of Labor's fact sheet.
Additionally, some states have labor regulations related to exemptions status that may be more probative than those of the federal government. Each employee’s exemption will be dependent on the state in which they work, their job duties and wages earned.
Please contact the HR Recruitment team for assistance determining exemption status.
Job Postings
Updated
New job postings for work arrangements outside of Arizona may not be posted until you’ve received approval from your SVP and submitted the Out-of-State Employment Notification Form.
Although it is not required to await the results of the compliance review to begin the recruitment process, we encourage units to wait. If adjustments are necessary to meet state-specific requirements, you may have to restart the recruitment process. Common examples of adjustments include changing the position compensation level or exemption status, which could affect time-reporting requirements or budgets.
In addition, all job postings for work arrangements outside of Arizona must include one of these location designations:
Outside Arizona
If the job posting/requisition has a designated location outside of Arizona, units should use the “Outside Arizona” designation and must provide details of the exact location in the address field.
TBD
If the job posting/requisition location is yet to be determined but may be outside of Arizona, units should use the “TBD” designation and include the following language in the Position Highlights: “Candidates working anywhere in the U.S. may be considered for a remote assignment."
Offer Letters
Updated
Offer letters should not contain information regarding work location. You should communicate the terms of the out-of-state arrangement separately. Please be clear that arrangements are not guaranteed terms or conditions of employment and are subject to change for reasons such as, but not limited to, employee performance, needs of the team or unit, updated regulations and guideline revisions.
When you create an offer letter in the Talent Offer Letter Builder, you will be asked to include the location associated with the requisition. This location will not populate in your offer letter but will be used for data collection purposes.
Please Note: If a posting with a work location marked as “Arizona” receives an out-of-state candidate, and the hiring department wants to consider offering an out-of-state work arrangement, please follow the steps in the Request Process before moving forward.
Frequently Asked Questions
Updated
Arrangements made prior to June 29, 2023 that previously received Division of Human Resources approval may have a defined approval end date of one year or less from the arrangement start date. Units may now disregard this end date in cases where SVP approval did not specify a corresponding end date.
Arrangements remain subject to any end dates as provided by SVPs during approval.
No. The rules for international employment have not been changed at this time. Due to the complexity and cost of complying with country-specific laws and unique tax requirements, individual employees should not work from another country unless necessary for their position and role. However, out-of-state work arrangements related to strategic University partnerships, such as Arizona International microcampuses, are supported.
Recruitment and hiring decisions for student workers and graduate assistants are not managed by the Division of Human Resources. Individuals in these roles are expected to be working from the state of Arizona. In the exceptional cases when a student worker or graduate assistant/associate is working and living outside of Arizona, responsible units need to ensure accurate reporting of work location addresses.
The university does not currently have an Out-of-State Employment Agreement; however, the University's existing Flexible Work Agreement Template is available.
Do you need more assistance?
Please contact the HR Recruitment team with questions.