What are your legal responsibilities as an employer with remote workers?

In recent years, game-changing tech advancements and the COVID-19 pandemic have revolutionized the way we do business. Today, more US employers than ever before make use of remote and hybrid employees, with the role of in-house workers diminishing considerably in certain sectors. While the new remote working culture has already worked wonders for productivity and employee wellbeing, there are some grey areas relating to the legal obligations of employers when it comes to looking after their remote workers. Let’s consider some of the legal responsibilities of employers when it comes to remote working:

Check state laws

As an employer in the USA, you’ll need to get to grips with numerous pieces of federal legislation including the Fair Labor Standards Act and the Occupational Safety and Health Act, as well as the specific laws of the state in which your business is based. It’s also worth noting that you’ll be subject to the laws of neighboring states if your employees travel or work outside of state boundaries remotely. In order to comply with state law, you may have to register your business out-of-state and ensure it follows legislation related to wages, leave entitlement, and insurance premiums for remote workers.

Accidents

Despite the fact that many remote employees work wholly from their homes, you’re still obligated to provide a safe working environment – a remote employee’s home is considered an extension of the workplace. If an employee injures themselves when carrying out work for you at home, you could still be liable to pay out costs for workers’ compensation claims as their employer.

Equipment failure

As an employer, you’ll be liable to replace any faulty equipment or broken machinery used by remote workers in their everyday roles. Whether it’s down to the wire braid inside laptop cables overheating, battery failure or a faulty fan, you could be responsible for replacing computers and monitors and safely disposing of damaged electrical goods. Depending on which state you and your employees work in, you could be liable to cover any employee’s replacement costs under the business expense reimbursement laws of the land.

Data security

With more employees working on mobile devices and home computers, it’s easier than ever for unscrupulous operators to hack into wireless networks and get their hands on sensitive data. As an employer of remote workers, you’re obliged to ensure that your employees are aware of their responsibilities regarding data protection and safe data handling – get familiar with cross-border data transfer laws and make sure that your business complies with both federal and state legislation.