By: Ty Hyderally, Esq. and Faatimah Jafiq

August 9, 2024

Since the COVID-19 pandemic began, many employers have switched to remote or hybrid working situations. Others have transformed to entirely remote positions, eliminating the need for a physical office altogether. However, just because you are not “in the office” does not mean you aren’t still afforded the rights and protections that are granted to you as an employee. The Fair Labor Standards Act (FLSA) enforces employment laws equally for on-site and remote workers.

Job Classification

In order to assess if your rights as a remote worker have been violated, you must first determine what category of worker you fall into.

1. Independent Contractors: Self-employed individuals who provide services to a company or individual clients. Typically, they have a flexible work schedule, pay their own taxes, and do not receive benefits.
2. Employees: The difference between an independent contractor and an employee depends on a number of factors such as how much control they have over their work, level of autonomy/authority/independence, and financial status. Employees have guaranteed rights, benefits, and protections under labor laws.
3. Freelancers: Work on projects for various clients, usually with a great deal of autonomy over their work schedules. Typically, freelancers are not entitled to employee benefits.

It is important to know what your job classification is. If you are classified as an independent contractor or a freelancer, you may not be entitled to certain rights and protections guaranteed to employees.

Remote Employee Rights

Employees who work remotely are entitled to specific rights, benefits, and protections under the law. However, these rights and protections vary from state to state.

Minimum Wage: A company that employs remote workers in multiple states can encounter the issue of varying minimum wages. For example, the minimum wage in New Jersey is currently $15.31[1], whereas New York State is $15.00[2], and New York City is $16.00[3]. At the very least, the employer MUST pay the minimum wage as set by the state in which the employee works. If there is a conflict between the state and local minimum wage standards, usually the more generous law applies.[4]

Employee Privacy

Remote workers do not have many privacy rights when it comes to using any company-owned device or software. Emails sent from a company email address are not legally protected from your employer. Text messages and internet or social media browsing on a company-issued device (laptop/phone/tablet) can be accessed by your employer. During your designated shift hours, your employer generally has a right to monitor your usage of any company-issued device to ensure that you are performing in accordance with their policies and standards. 

If You Think Your Rights Have Been Violated…

Document everything. Emails, text messages, social media posts, etc. are good tools to use. Just be careful of social media as it may be discoverable by your employer! If you have phone calls or in person meetings, summarize them immediately afterward in an email or text message to the person(s) with whom you were meeting. Keep a written log of all discriminatory acts or any conduct that may have violated your rights.

Consider consulting an attorney concentrating in Employment Law early to discuss your situation.

En nuestra firma hablamos español. This blog is for informational purposes only.  It does not constitute legal advice, and may not reasonably be relied upon as such.  If you face a legal issue, you should consult a qualified attorney for independent legal advice with regard to your particular set of facts.  This blog may constitute attorney advertising.  This blog is not intended to communicate with anyone in a state or other jurisdiction where such a blog may fail to comply with all laws and ethical rules of that state of jurisdiction.

[1] This applies to most New Jersey employers as of January 1, 2024. https://www.nj.gov/labor/assets/PDFs/minimumwage_postcard.pdf

[2] This applies to most New York State workers. https://dol.ny.gov/minimum-wage-0

[3] This applies to most New York City employers as of January 1, 2024.
https://nyc-business.nyc.gov/nycbusiness/description/wage-regulations-in-new-york-state

[4] For example, New York City employees can expect to be paid $16.00 if they work within New York City, Long Island, or Westchester, but would be paid $15.00 if they worked anywhere else in the state of New York.