Remote work is more common now than ever before, but often remote workers don’t understand what employment laws apply to them, and what to do if their rights are violated.
For example, if you live in one state but your employer is based in another state, which state’s employment laws apply to you? Here’s what you need to know about employment law for remote workers.
Jurisdiction and State Laws
Jurisdiction means what state’s employment laws apply to you if your work state is not the sate you live in. Federal employment laws apply no matter what state you live in or what state your employer is in.
For remote employees, the general rule is that the laws of the state where the employee physically works will govern. This means if you live in California but work for a company based in Texas, California’s labor laws apply to you.
State laws can differ widely on issues such as minimum wage, discrimination, sick leave, and family leave.
Employers need to be aware of these differences to stay compliant, and employees should know their state’s rules to protect their rights. Remote work laws may vary, but your place of residence usually controls your state legal protections.
Wage and Hour Rules
Federal wage and hour laws apply to all remote workers, regardless of state. Remote workers who are non-exempt under the Fair Labor Standards Act (FLSA) are still eligible for overtime pay when they work more than 40 hours per week. Employers must keep accurate records of hours worked, even if employees are at home.
Your employer may use a time-tracking system on a work-issued computer or use other methods that allow you to log your work hours. You should also keep your own log of your hours, in case your employer miscalculates your hours worked.
Health and Safety Considerations
Remote worker rights also extend to health and safety. While employers don’t control home office environments, they are still responsible for ensuring safe working conditions.
This may include providing ergonomic equipment, offering training on safe setups, or covering certain home office expenses. Workers’ compensation laws may also apply if an employee is injured while working from home.
Privacy and Data Security
Another area of employment law for remote employees involves privacy and data security. Many companies monitor remote workers through software that tracks activity, but employees still have rights.
Employers must clearly communicate their monitoring policies and cannot invade personal privacy.
Discrimination and Harassment Protections
Remote workers are entitled to the same protections against discrimination and harassment as in-office staff. Federal and state laws protect employees from unfair treatment based on race, gender, age, disability, religion, or other protected categories.
Harassment through email, video calls, or messaging platforms is still workplace harassment, and you can file a claim against your employer if you experience any kind of harassment or discrimination based on your race, sex, gender, orientation, age, or other characteristics protected by state and Federal anti-discrimination laws.
Next Steps to Take
Remote work laws continue to evolve, but one fact remains: employment law protects remote employees just as it does on-site staff. Knowing your rights is essential to making sure that you are protected from discrimination and receive all the pay and benefits you’re entitled to.
