‘Yes, You Must Wear Pants’ and Other Remote Work Policies Employers Should Consider in 2025

The workplace has undergone a significant transformation since COVID-19, yet employment laws have struggled to keep up. While allowing employees to work remotely may produce a wider network for potential employees, it also opens employers up to legal risks. This article explores three key legal concerns associated with remote work and provides applicable policy recommendations to combat these risks.

Risk 1: Compliance with State-Specific Employment Laws

While states are required to follow federal employment laws, each state may have their own unique set of employment laws. Some states have strict employment laws that require higher pay, additional protections for employees, or specific reporting requirements. Employers must be aware of state specific laws if an employee is present in that state.

Policy Considerations: When considering how to ensure compliance with each state, employers should have a 50-state survey completed of all relevant employment laws. Because legal requirements vary by industry, this research should be tailored accordingly to encapsulate relevant statutes. The state survey will allow employers to make decisions about remote work and locations with confidence. Below are four policy considerations for employers to promote transparency and compliance in remote work environments.

• Identify the States Employees May NOT Work From: Understanding the legal requirements as an employer under differing laws than where the company resides is imperative. If there is a state or local law in which the employer is not equipped to abide by, the employer should not allow employees to work in that location.
• Approval of Remote Work: Employees who were not initially hired for remote roles should undergo an approval process prior to starting remote work. Along with the policy for approval, employers should create a guidance document outlining who intakes and approves the request, options for appealing the decision, and final decision measures. This process will help distinguish standard work from home requests from disability accommodation procedures.
• Reporting Location of Work: Requiring employees to report their location to a specific department or employee provides transparency and allows employers to ensure adherence to relevant local and state laws.
• Disciplinary Measures: Employers should clearly outline the disciplinary measures for non-compliance to provide employees with the company’s key expectations when it comes to remote work. The disciplinary measures aspect of a remote work policy may simply point to a different section of the employee handbook. A policy might state, for example, “Failure to follow the above policy will result in a written warning as defined in Section X of this handbook.”

Risk 2: Harassment and Discrimination in Virtual Workspaces

Remote work does not eliminate risks of workplace harassment and discrimination. In virtual settings, employees may say (or type) comments that they would not say in person. Sarcasm and jokes may not come across as funny and can cause negative reactions. One employee may stand up during a virtual meeting and forget he is not wearing pants. Professionalism while working remotely may cause lines to blur, but strong policies set clear expectations for how to maintain professionalism and provides guidelines for employers when lines get crossed.

Policy Considerations: While policies for anti-discrimination and harassment do not need to differ from what is already in the handbook, creating a way for remote employees to report misconduct will aid in providing resources for all employees. The two policy ideas below will add to an employer’s well-developed anti-discrimination and harassment policies.

• Professionalism in the Virtual Workplace: Employers should set clear and strict expectations for virtual employees to ensure professionalism does not disappear when employees are working from home. Requiring appropriate work attire, maintaining professional communication, and setting expected online hours allows employees to know what is expected of them and the consequences for not following the expectations.
• Virtual Reporting: Employers should provide a reporting procedure for remote employees to ensure that all employees can report discrimination or harassment, even if it is not directly in the office.

For additional policy provisions, see Harassment in Remote Working Article

Risk 3: Health and Safety Compliance

Although employees work from home, health and safety regulations still apply. Remote workers must still abide by Occupational Safety and Health Administration (OSHA) guidelines. OSHA does not require home offices to be safe, but many published notes provide proactive benefits to promoting healthy working conditions. The policies below outline how to keep employers compliant with OSHA regulations.

Policy Considerations:

• Clock-In and Clock-Out Policies: The Fair Labor Standards Act and state laws govern overtime and mandated breaks. See 29 U.S.C. § 201 et seq. Employers should implement and require employees to use time-tracking software to ensure compliance.
• Safety Checklist: While OSHA has taken a ‘hands-off” approach to home offices, an article from 2000 states that employers are responsible for hazards that are caused by required materials, equipment, or processes. S. Department of Labor, OSHA Instruction, “Home-Based Worksites,” Directive No. CPL 2-0.125 (February 25, 2000). The checklist should have employees check for electrical issues and create an emergency plan.

If your employee handbook has lacked an update since 2016, it may be time to review the policies to ensure compliance with today’s evolving workplace. The ideas explained in this article offer a starting point for ensuring compliance and maintaining a professional, productive remote work environment.

For guidance on employee handbooks, policy revisions, or legal research, reach out to an employment attorney at MWH Law Group. Our team can help your company navigate the next phase of remote work with legal insight and strategic solutions.