1. Jurisdictional Questions Raised When Remote Workers Reside in Other States and Countries.
- Author
-
SASS, CYNTHIA N. and ZUMARRAGA, JENNIFER D.
- Subjects
RURAL geography ,WORKING hours ,PERSONAL jurisdiction ,WORKERS' compensation ,LABOR laws ,COLLECTIVE labor agreements ,EMPLOYEE rights - Abstract
For such laws to apply, the employee would need to establish that their state has specific jurisdiction over the employer.[2] To do so, the employee must demonstrate that the employer has sufficient "minimum contacts" with the state in that it "purposefully availed" itself of the state.[3] Many factors are considered in determining whether an employer availed itself of a remote state's jurisdiction. Specific jurisdiction is determined by whether the employer purposefully availed itself of the state, whether the employee's claims arose out of those activities directed at the state, and whether the exercise of jurisdiction would be constitutionally reasonable. Likewise, employees who work remotely abroad for American companies will often be protected by the remote country's employment rights laws and these laws typically start to apply as soon as the employee begins their remote work. [Extracted from the article]
- Published
- 2021