Remote Work: US

This Remote Work policy sets clear, practical expectations for employees who work off-site, including eligibility, approval, timekeeping for non-exempt employees, communication norms, and security requirements, so your organization can support flexibility without losing consistency or compliance.

There's no single US federal law that requires a standalone remote work policy, but remote arrangements can trigger real legal obligations across wage and hour rules, expense reimbursement requirements in some states, workplace safety considerations, leave and accommodation processes, and state and local tax and registration issue. Having one policy helps you manage risk and answer the questions employees ask most.

The History Behind Remote Work Policies in the US

Remote work policies became a standard part of the Flexible & Remote Work conversation long before Zoom calls, because federal wage-and-hour rules never cared where the work happened. The Fair Labor Standards Act (FLSA) required accurate timekeeping for non-exempt employees, and remote work made "off the clock" risk easier to create and harder to spot. Courts and the U.S. Department of Labor kept the core rule simple: if your organization knows or has reason to believe work is being performed, you generally have to count it as hours worked, even when it happens at home and even when it wasn't requested.

Remote work forced employers to treat the home as a real extension of the workplace for other compliance basics. OSHA's 2000 guidance on home-based work clarified that OSHA would not inspect home offices and would not hold employers responsible for home-office conditions they do not control, but it still left employers on the hook for work-related injuries and for hazards tied to employer-provided equipment or required tasks. At the same time, the ADA and many state disability laws pushed remote work into the "reasonable accommodation" mainstream, especially after the EEOC's 2002 guidance on reasonable accommodation made clear that telework could be an accommodation in the right job and circumstances.

The COVID-19 shift turned remote work from a perk into an operating model. State and local paid sick leave rules, wage statement requirements, reimbursement rules in some states, and multi-state tax and payroll obligations all got harder when employees worked across city and state lines.

Post-COVID, organizations with return-to-office mandates have seen a surge of reasonable accommodation requests from employees clinging to their remote work lifestyle.

Informative and compliant remote work policies that set expectations for schedules, timekeeping, equipment, security, and location are now more important than ever.

Which Law is the Remote Work Policy Meant to Comply With?

There's no federal law that specifically requires a Remote Work policy for US-based employees. We include this policy anyway because it is either (1) a common best practice that answers employee FAQs and sets clear expectations, or (2) a topic that is regulated in many states, so employers often use one company-wide policy that meets or exceeds the toughest state requirements.

How to Write an US-Specific Remote Work Policy

• Start with "why" and introduce the concept.
• Define who the policy applies to and when exceptions may be allowed.
• Explain what factors you use to approve remote work and require a defined arrangement (and a written agreement when needed).
• Require remote employees to follow all workplace policies and allow the arrangement to be changed or ended based on how its working.
• Set timekeeping and scheduling rules for non-exempt employees, including accurate hour tracking and approval for extra time.
• Require protection of employer equipment and confidential information, including compliance with IT and security guidelines.
• Tell employees where to go with questions about remote work expectations and eligibility.

When to Include this Policy in Your Employee Handbook

The law does not require you to publish a policy or issue a specific notice. That said, you still have to comply with the requirements that apply to you as an employer. 

This is a "depends on your workplace" policy. Include it if you offer the benefit, operate in a setting where this comes up, have a state-specific rule that differs from your national approach, or you've had issues in this area before. If you already have a clear all-employee policy that covers the same ground (and it meets US's requirements), you may not need a separate policy here. 

Other Considerations

The law applies to US employers who have at least 1 employee in the US.

Exceptions

None.