4 Overlooked Legal Risks in Remote Work Policies: How to Address Them
Remote work policies often contain hidden legal vulnerabilities that companies frequently miss until it's too late. This comprehensive guide examines four critical risk areas, providing practical solutions based on insights from legal and HR experts. Discover how proper location tracking, time management protocols, geographic practice limitations, and tailored multistate employment policies can protect your organization from costly compliance issues.
Track Location Changes to Prevent Jurisdictional Drift
One of the most overlooked legal risks in remote work arrangements is jurisdictional drift—when employees work from a different state or country than where the company is registered, without the business realizing it. It sounds harmless—after all, remote work is about flexibility—but from a legal standpoint, it can quietly trigger tax obligations, employment law conflicts, and compliance liabilities across multiple jurisdictions.
I've seen this happen often with well-meaning teams. An employee moves temporarily to "visit family abroad" or work from a vacation spot, and months later, the company discovers they've technically established a new tax nexus or violated local labor requirements without knowing it. The cost of correcting that can far exceed the convenience that remote flexibility was meant to create.
The solution isn't to restrict movement—it's to make it transparent and governed. I advise clients to introduce location disclosure and approval clauses in their remote work policies. Employees should be required to inform HR of any long-term change in work location (usually anything beyond 30 days), and HR should have a quick compliance checklist that includes payroll tax implications, labor protections, and data security considerations for that region. For global teams, partnering with an Employer of Record (EOR) can also mitigate exposure without adding administrative complexity.
Beyond policy, communication is everything. Framing this not as surveillance but as shared protection helps employees understand that compliance safeguards both them and the organization. Most remote workers want flexibility, not risk—they just need clarity on the boundaries.
In short, remote work expands opportunity, but it also expands exposure. The companies that thrive in this new era will be those that balance freedom with foresight.
Enforce Time Tracking to Prevent Wage Violations
One overlooked aspect of remote work is how wage and hour compliance applies outside a traditional office. Employers often assume tracking time is simpler in a digital setting, but the lack of oversight increases the risk of off-the-clock work and unpaid overtime claims. Remote employees may log in early, answer emails after hours, or fail to record meal breaks. Those small actions, if consistent, create exposure under state and federal wage laws.
The challenge is that violations often occur unintentionally. Managers may encourage availability outside regular hours without realizing the legal impact. Courts typically side with employees in these disputes, especially if the company cannot prove accurate recordkeeping. The cost of back pay, penalties, and attorney fees can add up quickly.
I advise employers to adopt clear, written expectations around work hours, break times, and overtime authorization. These should be distributed, acknowledged in writing, and reinforced during training. Employees need to understand that time must be reported honestly and completely, regardless of where the work occurs.
Technology can support compliance. Time-tracking software, daily reporting tools, and acknowledgment forms create an enforceable record. But technology is only part of the solution. Employers must enforce the policies consistently and avoid creating a culture where "always available" becomes the norm. When rules are applied uniformly and documented, businesses have a stronger defense if a claim arises.
Define Geographic Boundaries for Legal Practice
One often overlooked risk is unauthorized practice of law (UPL) when attorneys are working remotely from jurisdictions where they are not licensed or when they take on cases in other states without proper admission. Even if someone thinks "I'm just doing part of the work from home," laws and bar rules frequently tie practice to geography. If that's not managed, there can be serious professional liability and disciplinary consequences.
To address this, I advise clients to include in their remote-work policies clear geographic restrictions: specify from which states/locations remote work is permitted; require that any out-of-state work is reviewed by a supervising attorney licensed in that jurisdiction; and include a rule that attorneys cannot "hold themselves out" in a jurisdiction where they are not licensed. In addition, vet insurance and malpractice coverage to ensure it extends to such remote arrangement scenarios.
Customize Policies for Multistate Employment Laws
One often overlooked aspect of remote work arrangements that creates legal risk is the impact of multistate employment laws. Many companies assume that because they are based in one state, their policies apply uniformly to all employees. But remote workers are subject to the labor laws of the state in which they physically perform their work. This includes wage and hour rules, sick leave requirements, and reimbursement obligations.
I had a client with remote employees in several states who unknowingly failed to comply with local requirements around paid sick leave and expense reimbursements. The issue came to light only after a complaint was filed, and the company had to retroactively correct records and pay penalties.
To address this, I advise clients to review and update their employee handbooks to include state-specific policies where needed. I also recommend working with a payroll provider that supports multistate compliance and scheduling regular reviews as state laws continue to evolve.
The lesson is simple. Remote work has expanded access to talent, but it also brings complexity. Companies that take the time to align their policies with local laws not only reduce risk but also build trust and transparency with their teams. That is good law and smart leadership.
