The revolution to remote work has remade the modern office—but it’s also generated new legal issues that most companies ignore. At Najla Law Firm, we frequently consult employers on how to remain compliant while benefiting from an efficient remote workforce.
Compliance with wages and hours is perhaps one of the biggest problems. The Fair Labor Standards Act (FLSA) applies equally to telecommuters, so documentation of work hours is essential. Misclassifying employees—i.e., categorizing someone as an independent contractor in order not to pay them overtime or benefits—is a free pass to extensive legal liability and fines.
Another under-served practice area is cyber and privacy law. Remote employees can be on unsafe networks or personal devices, putting the sensitive company and client data at risk. Having no adequate security protocols in place would be flat-out against state and federal privacy laws such as HIPAA or CCPA depending on your business and market type.
Furthermore, confused remote work policies can lead to employment discrimination litigation. When a set of employees receives more flexibility than others with no well-defined business purpose, then it is tantamount to bias or favoritism. A good remote work agreement must define expectations, communication methods, and accountability procedures to prevent discrimination and minimize HR-related conflicts.
Companies should also take into account multi-state compliance. Remote employees who are based across states can necessitate tax registration, employment regulation, and workers’ compensation requirements across states. Failure to comply with these can lead to audit or penalty.
At Najla Law Firm, we assist employers through the legal ins and outs of a hybrid or entirely remote workforce. From establishing remote work contracts and FLSA compliance audits to providing advice on cybersecurity policies and multi-state employment law, we have it covered.
Remote work has come to stay. Don’t let preventable legal blunders ruin your success. Take a seat with our legal team to address those concerns in advance and remain compliant with your business.
