By John S. Gannon, Esq.
Prior to the COVID-19 pandemic, working remotely and other flexible work models like hybrid schedules were fairly uncommon. Now, allowing employees to work remotely at least a few days a week has become the norm for jobs that can be done from home.
One research summary suggested that 74% of U.S. companies are using, or plan to implement, a permanent hybrid work model in 2023, and 55% of employees want to work remotely at least three days a week. With remote work becoming more and more common, businesses need to be aware of employment-related legal issues that can bubble up when employees are working from home (and probably in their pajamas).
One of the biggest challenges for businesses with teleworkers is compliance with wage and hour laws, which are laws that govern issues like payment of wages and meal breaks. Federal and state laws can differ considerably on these topics.
For example, federal law, and many state-law equivalents, do not require that an employer provide employees with meal breaks. Here in Massachusetts; however, state law requires employers to provide a 30-minute unpaid meal break to those who work more than six hours in a work day. In New Hampshire, workers are required to get a meal break after working five hours, unless it’s feasible to eat while working. Massachusetts does not have this ‘feasibility’ exception to its meal-break statute.
“With remote work becoming more and...
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