Remote employees in Massachusetts might not be aware that remote work arrangements in Massachusetts may be impacted by a combination of federal and state laws, or they may be voluntary and discretionary arrangements. Some employees may be entitled to work remotely due to a disability, a need for an accommodation, an agreement with their employer, or for other potential reasons.
If a remote worker has an employment contract, the contract may include the employee’s rights regarding remote work.
Generally, remote employees in Massachusetts enjoy the same protections and rights as their in-office counterparts, but there may be some special state-specific considerations. Here are some (but not all) of the most important points employees should know:
1. Wage & Hour Laws
Depending on where you work, your connections to Massachusetts, and potentially other factors, a remote employee may be covered by Massachusetts wage and hour laws, such as the timely payment of wages, commissions, vacation time, and bonuses, payment of minimum wage and overtime, meal break, and other statutes.
If applicable, employers generally must keep accurate records of hours worked by remote employees and ensure all hours are compensated according to Massachusetts law.
2. Equal Treatment and Anti-Discrimination
Generally, state and federal anti-discrimination laws (covering race, gender, religion, disability, etc.) apply equally to remote settings.
Harassment or discrimination in virtual environments is generally prohibited, and remote workers generally may seek legal recourse if affected.
3. Expense Reimbursement
Work-related expenses (internet, office supplies, etc.) generally may not cause employees’ wages to fall below minimum wage. Massachusetts generally does not have broad mandatory reimbursement laws, and employers may set their own reimbursement policies.
4. Family and Medical Leave
Remote employees may be eligible for FMLA, provided usual federal eligibility criteria are met (ex. at least 1,250 hours worked in the previous year, for a covered employer, etc.).Further, Massachusetts Paid Family and Medical Leave (PFML) may cover remote employees.
5. Multi-State Complications
If you live and work remotely for a Massachusetts company from out of state, which state’s laws apply can be complicated—sometimes, Massachusetts law may apply even if you live elsewhere.
Bottom Line:
Remote employees in Massachusetts enjoy robust legal protections and are generally treated the same as in-office workers when it comes to pay, leave, and management. However, special attention should be paid to eligibility for state-specific rights, and the need for clear company policies reflecting Massachusetts requirements.
The skilled attorneys at the Maura Greene Law Group review and negotiate offer letters, remote employment contracts, and other matters related to remote work. This is why it’s particularly important to consult with an experienced Massachusetts employment attorney if you have any concerns about your remote employment contract or conditions at your remote employment role.
Contact our employment attorneys for a confidential consultation, call us at
617-936-1580, or email
[email protected].
Every case has its own unique facts. Before taking any action, contact an employment lawyer for advice on your specific situation. We can’t provide legal advice here, and this isn’t intended as legal advice. Keep in mind that it is best, if possible, to establish a relationship with an attorney before a workplace issue turns into a full-blown crisis.
