Both federal and state employment laws protect the rights of employees in workplaces throughout the U.S. However, the nature of work and the workplace is changing.
Remote and hybrid work arrangements are becoming increasingly common. Surveys and studies indicate this trend is likely to continue. Thus, you may wonder when an employment law does and doesn’t apply to remote workers.
Federal Laws That Apply To Remote Employees
Virtually any federal law guaranteeing certain employee protections will apply to remote employees. Examples of such laws include:
- Title VII of the Civil Rights Act
- Federal Minimum Wage employment laws
- American with Disabilities Act (ADA)
- Fair Labor Standards Act (FLSA)
- Family Medical Leave Act (FMLA)
- Federal employment laws pertaining to overtime, payment requirements, etc.
That’s not necessarily an exhaustive list. If you have questions regarding whether a federal employment law applies to remote employees, consider discussing the matter with an attorney.
What State Laws Apply To Remote Workers
Determining whether a state employment law applies to you as a remote employee may not be as tricky as you imagine. You might assume determining which laws do and don’t apply to you would prove challenging if your current home state isn’t the state in which your employer is based.
It actually isn’t that complex. An employment law that applies in the state you currently reside in will generally apply to remote workers like yourself. This is typically the case even if your employer operates in a different state.
State employment protections can vary depending on where you live. Common employment protections at the state level include:
- Employment laws prohibiting workplace discrimination
- Wrongful termination laws
- State minimum wage laws, as a state’s minimum wage may be higher than the federal minimum wage
States may also establish new employment laws to address emerging concerns and issues. For example, state laws may address topics such as AI, salary transparency, and other such matters. Familiarizing yourself with both federal and state employment laws can help you better understand your rights as a worker.
That said, because employment laws vary by state, you may not always be certain you have a valid case if you suspect an employer has violated your rights. Strongly consider reviewing your case with an attorney if so. A lawyer who represents clients in your state can determine whether your employer has violated any laws that apply to remote workers.
Get Help From An Attorney
A lawyer can review your case and explain your legal options if you’re a remote employee who has questions about a potential violation of your rights. Other ways they may assist you include (but aren’t limited to):
- Gathering evidence to strengthen your complaint
- Interviewing witnesses, if necessary
- Completing paperwork
- Submitting your claim/complaint to the relevant agency
Hiring a lawyer who understands the legal system may also improve your odds of winning a case. Fill out the Free Case Evaluation to get connected with an employment law attorney who subscribes to the website and may be able to answer your questions.
