Employment Rights for Remote Workers: Which Florida Laws Apply?

With the increased popularity of remote work and other forms of telecommuting in Florida, it is important for Floridians who work from home to understand what rights they have as employees under federal, state, and local laws.

Regardless of whether an employer intentionally mistreats a remote worker, violating laws that apply to remote workers should not be tolerated. Allowing employee abuse often leads to escalation and increased harm.

If you work from home or another remote location in Florida, you have employment rights. At Cruz Law Firm, P.A., we are fiercely committed to protecting remote workers’ employment rights and stopping businesses from violating labor laws for remote employees. Our employment law attorneys have helped many workers in Tallahassee and throughout the Florida Panhandle assert their rights and demand compensation for violations of anti-discrimination laws and other violations of employment law.

Contact us today to speak with an experienced Tallahassee employment lawyer.

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Regulations for Remote Employment in Florida

If you have begun to work remotely in Florida as an employee of someone else’s company, nothing about your rights as an employee has changed.

Your employer’s authority over you, as it pertains to assigning work, setting pay, performance appraisal, discipline, and termination, does not change just because you work from home. Their obligations to you do not change, either.

As a remote employee, you have rights that include your right to:

• Equitable compensation for the work you perform at a rate that satisfies Florida’s minimum wage and is subject to state and federal withholdings and overtime compensation if your position qualifies
• State and federal holidays and other legally mandated leave availabilities via the federal Family and Medical Leave Act (FMLA) or maternity leave available to state employees
• Be treated with respect and dignity, free from discrimination, and with reasonable accommodations as required by law
• A workplace that is safe, healthful, and free of recognized hazards
• Workers’ compensation insurance if a business employs four or more people. A remote worker who is injured while performing a work-related task should be eligible to file a claim for workers’ compensation benefits to cover expenses related to medical treatment and lost wages related to a workplace injury.

The Proper Work Week and Overtime Pay for a Remote Worker

The most prevalent mistreatment of remote workers is many employers’ tendency to abuse a remote worker’s time. The employer may expect that, since your work is close at hand, you can easily handle extra duties or answer questions that have come up outside of regular work hours.

Unless your position is classified as exempt from overtime compensation requirements, you should be paid overtime for any work activities performed in excess of 40 hours in a five-day work week.

Exemptions under the Fair Labor Standards Act (FLSA) are not always clearly spelled out. If you disagree with your employer’s claim that you don’t qualify for overtime pay, you should consult an unpaid wages lawyer.

Compensation includes fringe benefits. Remote workers are entitled to the same benefits as are offered to other employees, such as health insurance, retirement plans, and paid time off.

Finally, a remote worker should expect their expenses to be reimbursed, just as any other employee would. Therefore, where an in-office worker would be supplied a desk, chair, computer, and notepads, the remote worker should also be provided this equipment or reimbursed for its cost. A remote worker who must be online should be reimbursed for at least a portion of the cost of their internet service.