Article · Labor and Employment

Your Job Has a Location Even If You Do Not: How Remote Work Law Actually Works

29 U.S.C. § 203

Type
Article
Jurisdiction
National
Date
2024-09-26
Topic
Labor and Employment

A remote employee is not located nowhere; they are located somewhere, and that somewhere determines which state's wage, tax, leave, insurance, and privacy rules govern the job. This article explains how the employer's obligations follow the worker's physical location, what changes the moment an employee moves without telling anyone, and why the answer is rarely the state where the company sits. It covers hours worked and the compensability of remote activity, expense reimbursement rules that vary sharply by state, meal and rest breaks, overtime and exempt classification in a distributed workforce, and the tax withholding and business registration consequences of a single remote hire. It also addresses workers compensation for home injuries, paid leave patchworks, monitoring and privacy, and the policies that keep all of it manageable. Examples follow one employee through a move nobody approved.

Your Job Has a Location Even If You Do Not: How Remote Work Law Actually Works

Labor and Employment > Remote and Multistate Work | Published 26 September 2024 - Updated 5 July 2026 | UpLaw - uplaw.us

The Move Nobody Told Anyone About

An employee of a company headquartered in one state has worked remotely for two years. In March, she moves to a different state to be closer to family. She tells her manager, who says "sounds great," and nobody else learns of it.

The full text of this document is available to Executive subscribers and above. See plans.