Table of Contents

1. Introduction
2. What should be included in a remote work policy?
3. Governing law for remote employees
4. State laws that apply to remote workers
5. Should you have a remote work policy?

Introduction

Remote work has become increasingly common, especially in light of the COVID-19 pandemic. However, it is important for employers to establish clear remote work policies to ensure compliance with legal requirements and to protect the rights of both employees and employers.

What should be included in a remote work policy?

A remote work policy should outline the expectations and responsibilities of remote employees. It should cover topics such as:

• Eligibility for remote work
• Work hours and availability
• Communication and collaboration
• Equipment and technology requirements
• Confidentiality and data security
• Performance evaluation and feedback
• Termination or modification of remote work arrangements

By including these provisions in a remote work policy, employers can ensure that remote employees understand their obligations and that the company’s interests are protected.

Governing law for remote employees

The governing law for remote employees is typically determined by the employment agreement or contract. In some cases, the law of the state where the employer is located may apply. However, if the remote employee is located in a different state or country, the laws of that jurisdiction may also come into play. It is important for employers to consult with legal counsel to determine the applicable governing law for remote employees.

State laws that apply to remote workers

State laws that apply to remote workers can vary significantly. Some states have specific regulations regarding remote work, while others may have more general employment laws that apply to all employees, regardless of their work location. It is important for employers to be aware of the laws in the states where their remote employees are located and to ensure compliance with those laws.

Should you have a remote work policy?

Yes, it is highly recommended for employers to have a remote work policy in place. A well-drafted policy can help establish clear expectations and guidelines for remote employees, protect the company’s interests, and ensure compliance with legal requirements. It is important to consult with legal counsel to ensure that the remote work policy is in compliance with applicable laws and regulations.