In Hybrid Environments, Which Laws Are Applicable?

By Marjory Robertson, Esq., Assistant Vice President and Senior Counsel, Sun Life; and Abigail O’Connell, Esq., Senior Counsel, Sun Life

As remote work increases, the malleability of workplace boundaries (both literal and physical) creates more challenging compliance issues for employers. Here are some common-sense tips to maintain compliance.

Work Location Matters

When employing workers remotely, be prepared to contend with a larger, more complex range of leave laws. Federal laws such as the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and the newly enacted Pregnant Workers’ Fairness Act (PWFA) are applicable in all states. The ADA and PWFA apply to all employers with 15 or more employees and cover applicants and current employees, regardless of length of service. The FMLA applies to employers with 50 or more employees and there are strict employee eligibility requirements for leave.

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