Over the course of the pandemic, many employees have been given the freedom to work from home, or even move around the country while working remotely. For many employers, remote work has not presented any problems in terms of employee productivity or supervision. However, these are not the only issues that employers must consider when allowing employees to work remotely. Employers also need to consider the fact that state laws vary, and their obligations to employees may differ depending on where in the country they are located. This is because it is the law of the state where the employee performs their work – not the location of the employer – that governs the employment relationship. This is important because state laws can differ dramatically when it comes to things like:
- Paid sick leave requirements
- Wage and hour laws
- Meal/break time requirements
- Use-it-or-lose-it vacation policies
- Non-compete agreement interpretation
- Protected categories for nondiscrimination laws
- Minimum wage and annual salary requirements
Many employers may feel like it does not matter where their employees are located as long as they are getting their work done. However, this care-free attitude could get employers in trouble down the line if, unbeknownst to them, an employee moves to a state that imposes harsher obligations on the employer. In order to avoid being blindsided, employers should stay on top of where their employees physically do their work. Even if an employer permits their employees to work anywhere, they still need to understand the rules that apply to their different workers.
If you have questions about an employee who works remotely in another state, or any other area of employment law, contact Thatcher Law Firm at 301-850-1246. www.ThatcherLaw.com. Follow us on: