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Murphy Anderson Partner Mark Hanna says Remote Work Policies Raise Misclassification Risk

Mark Hanna was quoted in a Law360 article that examines employment issues stemming from COVID-19 remote work policies.

"Remote work is here to stay and employers haven’t thought through what it means to have employees all over the country with different wage and hour laws that apply," Hanna said in the article.  Hanna argues that employers are likely to take illegal shortcuts and misclassify employees instead of follow each state’s rules based on where the employee works. 

Working from home does not convert employees into independent contractor. Unless they are already exempt "white collar" employees, employees that work remotely are eligible for overtime and must be paid the applicable minimum wage.