Securing the application of Massachusetts law to employees of employers incorporated or operating in Massachusetts who provide their labor and services remotely
Impact
If enacted, this bill would ensure that Massachusetts law governs remote employees, thus providing legal protections and clarifications that are currently ambiguous. This measure is particularly relevant as many businesses have shifted to remote work models due to recent public health crises and technological advancements. By affirmatively applying Massachusetts law, it creates a consistent legal framework that remote employees can rely on, particularly regarding their rights to wages, working conditions, and employer obligations.
Summary
House Bill 2090, introduced by Representative Marjorie C. Decker, aims to secure the legal application of Massachusetts labor laws for employees who work remotely for employers incorporated or operating within the state. With the rapid growth in remote work over the past decade, the bill acknowledges the necessity of formalizing the regulatory framework that governs these arrangements. By amending Chapter 149 of the Massachusetts General Laws, the bill defines both 'employer' and 'remote employee,' specifically distinguishing the rights and responsibilities associated with virtual work environments.
Contention
Notable points of contention surrounding H2090 might include concerns over its implications for businesses that operate in multiple states. The bill stipulates that, unless otherwise clearly defined in a mutually executed contract, Massachusetts laws will apply to remote employees, potentially complicating compliance for employers that need to navigate labor laws across different jurisdictions. Furthermore, one potential issue is whether this overarching application of MA law could dissuade companies from hiring remote workers based in other states, fearing legal liabilities they may not be equipped to handle.