The pandemic brought with it a fundamental shift from the traditional office to what many experts call the "hybrid workplace," where more employees work from home more of the time. While various technologies have made the transition seamless, things are not as simple from an employment law standpoint.
To understand why, let's consider an employer with office locations in New York and Washington, D.C. Before the pandemic, all its staff worked from those two locations; the employer was thus subject to New York and D.C. employment laws. Following our collective shift to the hybrid workplace, certain employees who were based in the New York office may now work from home in Connecticut, New Jersey, and Pennsylvania, while certain employees who were based in the D.C. office now work remotely in Virginia, Maryland, and Florida.
The issue with this very common scenario is that remote employees trigger compliance obligations in the states from which they work, rather than the state(s) where their employer is based. This means that our hypothetical employer, once subject to the employment laws of two states, is now subject to the employment laws of six states.
This checklist is intended to familiarize attorneys with the compliance obligations that may be triggered when remote employees work in a state or city that is different from the employer's.
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