The June 2026 employment law update provides guidance on best practices for managing remote employees. Remote work has become a permanent part of the modern workplace, offering employers greater flexibility and access to talented professionals regardless of geographic location. However, managing remote employees presents unique legal and operational challenges that require thoughtful planning. Employers should develop comprehensive policies and practices that promote accountability while reducing the risk of employment-related claims.
Establish Clear Remote Work Expectations
The foundation of remote work management is a well-written remote work policy. This policy can define work schedules, availability expectations, communication protocols, performance standards, and procedures for requesting leave or reporting workplace issues. Employees should understand when they are expected to be available, how they should document their work time, and which communication platforms they are expected to use. Establishing these expectations upfront minimizes misunderstandings, promotes consistency across the organization, and provides managers with objective standards for evaluating performance.
Stay Compliant with Wage and Hour Laws
Employers must remain vigilant about compliance with wage and hour laws. The fact that an employee works from home does not change an employer’s obligations under federal and state labor laws. Nonexempt employees should accurately record all hours worked, including time spent responding to emails or completing tasks outside of their scheduled shifts. Managers should be trained to avoid encouraging off-the-clock work and should promptly address unauthorized overtime while ensuring employees are compensated for all hours actually worked. Regular audits of timekeeping practices and manager training can help minimize costly wage and hour disputes.
Respond Thoughtfully to Accommodation Requests
Another issue that has become increasingly common is employee requests for remote work as a reasonable accommodation for a medical condition or disability. Employers should avoid treating these requests as automatic approvals or automatic denials. Instead, they should engage in the interactive process required by applicable disability discrimination laws to determine whether remote work – or another accommodation – would enable the employee to perform the essential functions of the position without creating an undue hardship.
This analysis should be individualized and based on the employee’s specific limitations, the essential duties of the position, and the employer’s operational needs. Employers should also recognize that if a position has been successfully performed remotely for an extended period, it may be more difficult to argue that regular on-site attendance is an essential job function. Carefully documenting the interactive process and the rationale for accommodation decisions can significantly reduce legal risk if those decisions are later challenged.
Protect Confidential Information and Company Data
Protecting confidential business information is another significant concern in remote work environments. Employers should implement cybersecurity measures such as multi-factor authentication, secure virtual private networks, encrypted devices, and strong password requirements. Regular cybersecurity training can help employees recognize phishing attempts, avoid unsafe internet practices, and properly safeguard sensitive client and company information. Written policies should also address the appropriate use of personal devices, home printing, document retention, and the secure disposal of confidential materials.
Evaluate Performance Based on Results
Performance management often requires a different approach when employees are working remotely. Rather than evaluating employees based on their online presence or immediate responsiveness, employers should establish objective performance metrics tied to job responsibilities and measurable outcomes. Regular check-ins, documented feedback, and consistent performance evaluations help employees stay engaged while reducing the likelihood of claims involving inconsistent treatment or discrimination.
Understand Multi-State Employment Obligations
One of the most overlooked challenges of managing a remote workforce is compliance with the employment laws of multiple jurisdictions. In many cases, the laws of the state or locality where the employee lives and performs the work – not where the employer’s headquarters is located – will govern key aspects of the employment relationship. As a result, employers with remote employees in different states may be subject to a patchwork of wage and hour laws, paid leave requirements, meal and rest break rules, final paycheck obligations, expense reimbursement statutes, and other state-specific employment regulations.
Employers should periodically review their policies, payroll practices, and remote work arrangements to ensure compliance with the laws applicable in each jurisdiction where employees work. Conducting regular legal audits can help identify compliance gaps before they result in costly litigation or government investigations.
The Bottom Line
Remote work offers significant benefits for both employers and employees, but it also requires careful attention to evolving legal obligations. By implementing clear policies, maintaining compliant wage and hour practices, thoughtfully addressing accommodation requests, safeguarding confidential information, managing performance consistently, and understanding multi-state employment laws, employers can reduce legal risk while fostering a productive, engaged, and successful remote workforce.
Jeff Burke is an attorney at MacElree Harvey, Ltd., working in the firm’s Employment and Litigation practice groups. Jeff counsels businesses and individuals on employment practices and policies, executive compensation, employee hiring and separation issues, non-competition and other restrictive covenants, wage and hour disputes, and other employment-related matters. Jeff represents businesses and individuals in employment litigation such as employment contract disputes, workforce classification audits, and discrimination claims based upon age, sex, race, religion, disability, sexual harassment, and hostile work environment. Jeff also practices in commercial litigation as well as counsels businesses on commercial contract matters.
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