New Jersey Remote and Hybrid Employment Arrangements

Our attorneys provide informed counsel and may pursue claims

Remote employment or work from arrangements became commonplace due to the 2020 pandemic. Many employees were capable of performing the essential functions of their jobs from home for prolonged periods. For many employees, remote work has continued or has become part of a hybrid schedule. While an employer may lawfully require employees to come to a workplace, there are some legal exceptions. Work from home or remote work arrangements may be a form of reasonable accommodation for disabilities or certain religious beliefs – reasonable accommodations that employers may be obligated to provide. 

There is often uncertainty about whether an employer may legally demand that you report to a work location to perform work. A New Jersey remote and hybrid employment lawyer from Deutsch Atkins & Kleinfeldt, P.C. in Hackensack can clarify rights and responsibilities of employees and employers pertaining to these arrangements. Our New Jersey legal firm has decades of experience advising clients in all facets of employment law. 

Wage, timekeeping and overtime requirements for remote workers in New Jersey

State and federal wage and hour laws regarding minimum wage and overtime apply to remote workers just as they do to those in the office. Employers are responsible for accurately tracking time worked by hourly employees to ensure they are paid for all hours worked, including time-and-one-half for overtime hours. Like hourly onsite employees, remote employees cannot be expected to work off the clock, including during meal and rest breaks.

Anti-discrimination and equal treatment for remote employees

Remote workers with protected characteristics under the law have the same legal safeguards from discrimination as on-site staff. Examples of unequal treatment might include the following:

• Exclusion from team phone calls, video chats or team-building events
• Receiving jokes or digital communications targeting an employee’s protected status
• Being passed over for job assignments or promotions
• Getting poor performance reviews
• Being called back into the office in conflict with remote work policy or when other workers are not

Additionally, discrimination of disabled workers is not allowed under the Americans with Disabilities Act and the New Jersey Law Against Discrimination. As in the office, employers must make reasonable remote work accommodations for individuals with physical or mental disabilities, particularly where the employee can perform the essential functions of the job on a remote basis. The fact that you are a remote employee does not eliminate applicability of anti-discrimination and anti-retaliation laws. If you are a protected remote employee and believe you are being discriminated against, our employment discrimination lawyers can explain what options you have for making a claim. 

Returning to the office and hybrid work policies in New Jersey

Since the end of the COVID-19 pandemic, employers are very often requiring employees come back to the office or workplace. Remote work arrangements may, however, be a lawfully required reasonable accommodation to disabilities or religious beliefs. If employees are expected to return to the office or to change to a hybrid arrangement, they should be given reasonable notice of the upcoming plans. The circumstances in which hybrid arrangements can be ended should be stated in policies. It may be a form of discrimination for an employer to deny a remote work arrangement if the arrangement is a reasonable accommodation. Once we understand your concerns about your employer’s return-to-the-office or hybrid work mandate, we can advise you whether you have legal options. 

Contact a New Jersey lawyer for your remote or hybrid work concerns 

At the law firm of Deutsch Atkins & Kleinfeldt, P.C. in Hackensack, we provide counsel and representation to clients throughout New Jersey regarding remote and hybrid work issues. Call us at 551-245-8894 or contact us online to schedule an attorney consultation.