News & Analysis as of

Telecommuting State Labor Laws

Telecommuting is an employment relationship whereby employees do not commute to a central office location, but instead work remotely using technology to communicate and share information with colleagues and... more +
Telecommuting is an employment relationship whereby employees do not commute to a central office location, but instead work remotely using technology to communicate and share information with colleagues and employers. Telecommuting arrangements often vary depending on the workplace. In some arrangements, employees may never come into a central office. While in others, employees may only telecommute a few days per week or month.  Telecommuting can lead to greater employee satisfaction and productivity; however, some employers may find that working frequently outside the office diminishes team building and brainstorming. In addition, allowing telecommuting may implicate certain workplace legal issues.  less -
Ballard Spahr LLP

Eighth Circuit Court of Appeals Finds Remote Employee Who Did Not Reside or Work in Minnesota Is Not Protected by the Minnesota...

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A three-judge panel of the 8th Circuit Court of Appeals for the Eighth Circuit recently issued a decision in Kuklenski v. Medtronic USA, Inc., No. 24-1310 (8th Cir. Apr. 9, 2025), finding that the definition of “employee” in...more

Seyfarth Shaw LLP

Wage and Hour Around the Corner: From Zoom to Room Staying on Solid Legal Grounds with a Remote Staff or an Office Return

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The rules governing the employment relationship are always changing. Laws creating new employer obligations, technology solutions making work more efficient and more complicated, and rules governing the resolution of disputes...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York City Publishes Updated FAQs for Earned Safe and Sick Time Act

On September 26, 2024, New York City published updated frequently asked questions (FAQs) for the New York City Earned Safe and Sick Time Act (ESSTA) in light of the New York City Department of Consumer and Worker Protection’s...more

Littler

Key Considerations for Employers as the Public Sector Grapples with Return to Office

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Public sector employers are not immune from the challenges of returning employees to the office. A slew of recent government actions and opposition highlights the challenges public employers face as they try to rein in remote...more

Littler

Dear Littler: Do I really need to reimburse my remote employee’s phone bill, internet, and home office equipment?

Littler on

We are a small company based in Milwaukee, Wisconsin that allowed some of our employees to work remotely during the pandemic. When we recently announced our plans to call employees back to home base in Milwaukee, we received...more

CDF Labor Law LLP

CDF Wage and Hour Task Force – Monthly Tips - Recent Developments Raise Questions About Post-Pandemic Voluntary Work-From-Home...

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Recent developments raise questions about post-pandemic voluntary work-from-home agreements and reimbursements for work-at-home expenses. This is our monthly blog providing California employers with wage and hour compliance...more

Epstein Becker & Green

California Court of Appeal Holds That Unexpected Work Expenses May Be Reimbursable

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The California Court of Appeal for the First Appellate District recently issued its opinion regarding business-related expenses in Thai v. International Business Machines Corporation. The Court found that expenses incurred by...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on … California Workplace Poster Requirements and Their Application to Remote Employees

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Handbooks are developed to outline policies and procedures employees must abide by in the workplace.  But a handbook serves a dual, equally important purpose:  to act as an operable defense against workplace claims brought by...more

Seyfarth Shaw LLP

Employers May Be Liable For Work-From-Home Expenses

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Seyfarth Synopsis: The California Court of Appeal found an employer liable under Labor Code section 2802 for employee work-from-home operating expenses, despite Governor Gavin Newsom’s 2020 stay-at-home order, which precluded...more

Stradling Yocca Carlson & Rauth

You're Going to Have to Pay for That: Court Clarifies Employers’ Obligations to Reimburse Remote Employee Expenses

During the pandemic, when all non-essential workers were required to work remotely, several questions arose about who should pay for the work-from-home expenses. Earlier this month, the California Court of Appeal determined...more

Ballard Spahr LLP

­­­­Nevada enacts amendments allowing collection agency employees to work from remote locations

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The Nevada Legislature recently passed Senate Bill 276 (“SB 276”), which permits employees of Collection Agencies to work from remote locations and exempts certain entities from qualifying as a “Collection Agency.”  The...more

Littler

The Littler Annual Employer Survey Report - May 2023

Littler on

Executive Summary - Widespread economic uncertainty. Evolving workforce expectations. Accelerating use of artificial intelligence (AI). A shifting patchwork of local, state and federal regulations. Numerous headwinds...more

Polsinelli

Navigating State and Local Laws Implicated by Remote Workforces

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As we start to come out of the pandemic, many businesses are deciding to embrace remote workforces on a more permanent basis for a variety of reasons, including cost saving, increased talent pool, and employee satisfaction....more

Ballard Spahr LLP

Bill Proposed in Virginia to Permit Remote Work

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On January 17, 2023, House Bill No 2389 was offered to re-enact sections 6.2-1600 (Definitions) and 6.2-1607 (Licenses; places of business; changes) of the Code of Virginia with proposed amendments that would permit employees...more

Cranfill Sumner LLP

What Lies Ahead? – Predictions for Employers in 2023

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While issues like PPP loans, the CARES Act, and vaccination mandates are largely in the rearview mirror, the workplace looks vastly different than it did three years ago.  Some of these changes were brought about by COVID,...more

Miles & Stockbridge P.C.

Beware Hidden Dangers of Remote Work Post-COVID

The COVID-19 pandemic changed the way many employers view remote work. Those who had a positive experience may be considering making telecommuting a permanent part of their workplace, but must be aware of the dangers lurking...more

Fox Rothschild LLP

The Must Have Fox Rothschild Guide To Doing Business In California (And It Is Free!)

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Getting ready to reopen in California and need a refresher on what makes California law “special”? Have plans to open an office/location somewhere in California and want to understand what laws apply and how they differ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Multistate Compliance for Employers With Out-of-State Remote Employees

The COVID-19 pandemic has shifted a number of previously in-person positions to remote work and telecommuting. In the meantime, many employees have moved out of state from their usual office locations for personal or...more

Fisher Phillips

December 2020: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Epstein Becker & Green

#WorkforceWednesday: OSHA Issues COVID-19 Citations, Michigan Enacts Liability Shield, and States Battle for Telecommuter Taxes -...

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It’s #WorkforceWednesday! This week, workplace safety and liability issues are top of mind while employers also look ahead to the tax issues telecommuting will cause this tax season. OSHA Issues Citations for COVID-19...more

Kelley Drye & Warren LLP

State Issues Guidance for NY Paid Sick Leave Law

As employers are well aware by now, New York enacted statewide paid sick leave requirements for employers, which took effect on September 30, 2020. We provided an overview of requirements for the new law here. Under the law,...more

McDermott Will & Emery

Return to Work Childcare Considerations for Remote & In-Person Workers

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As students begin a new school year, employers in the United States face a new challenge–childcare-related leave and accommodation requests by employees. With widespread remote learning and evolving legal obligations to...more

Jaburg Wilk

Everything Employers and Employees Need to Know When an Employee Feels Unsafe Returning to Work Due to COVID

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Many employees are concerned about returning to work due to COVID-19. Employers need to be prepared for their employee’s requests. They will want to treat their employees fairly and also minimize their liability. There are...more

Pullman & Comley - Labor, Employment and...

COVID-19: Key Issues and Responses for Employers

All of us are, of course, concerned about what “Coronavirus Disease 2019” (COVID-19) will mean for each of us, our families, schools, workplaces, and our communities. As employers, we must hope for the best, but prepare for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Compass: Insights And Direction For Employers – Spring 2019

NLRB Returns to Traditional Independent Contractor Standard - On January 25, 2019, in SuperShuttle DFW, Inc., the National Labor Relations Board (NLRB) returned to its traditional independent contractor standard based on the...more

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