Beware: Remote Workers Can Sue Under Employer’s State Law

July 26, 2023

Since the dawn of the COVID-19 pandemic, employers in Massachusetts have resorted to employing workers that live and work remotely outside of the Commonwealth. While employers may assume that these remote employees cannot sue or will not be able to use the law of the Commonwealth to pursue potential claims, courts have said the opposite, allowing remote employees to make use of the laws of the state in which the employer is headquartered.

Frances Yvonne Schulman v. Zeotis, Inc. et al.


In a recent case out of the U.S. District Court for the District of New Jersey, the Plaintiff Frances Yvonne Schulman (“Schulman”), a remote worker, sued her employer in New Jersey, alleging that she received less pay than certain male co-workers, making for a potential gender discrimination case under New Jersey anti-discrimination laws. However, the Defendant employer, Zeotis, Inc. (“Zeotis”) moved to dismiss Schulman’s lawsuit, stating that she could not make use of New Jersey’s anti-discrimination laws because she did not live or work in New Jersey. In fact, Schulman lived and worked exclusively in New Hampshire during her entire employment with Zoetis.



Despite Schulman’s lack of connection to New Jersey, the court denied Zeotis’ motion to dismiss. The court’s reasoning centered on the fact that the New Jersey Law Against Discrimination (“NJLAD”) protected “all persons” and did not limit the definition of person to New Jersey residents or employees. The NJLAD is additionally a remedial legislation that drafters intended courts to liberally construe in favor of employees. So, if a New Jersey company, through its New Jersey officials, discriminates in the workplace, those decisions can impact anyone regardless of location. These were actions that the NJLAD was designed to protect, and the main reasoning for the court’s denial of Zeotis’ motion to dismiss.


Though the court ruled the NJLAD could apply to Schulman, the court also noted that there were other factors that should be considered before applying the NJLAD. If the law of the state that the remote worker works in does not conflict with the employer’s state law, then this choice of law does not need to be considered. However, if they are materially different, then the court needs to apply choice of law factors to determine which state’s laws would apply to a remote worker’s claims. These choice of law factors include the state law’s coverage based on number of employees, statutory caps on damages, statutes of limitations and definitions that would limit the coverage of remote workers under the law.


Massachusetts Employer Implications

M.G.L. 151(b), Massachusetts’ anti-discrimination law, similar to the NJLAD, does not limit its application to only Massachusetts employees. Indeed, M.G.L. 151(b) defines a person protected under the act to be “one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, and the commonwealth and all political subdivisions, boards, and commissions thereof.” M.G.L. 151(b(1). Therefore, the reasoning in Schulman could be used to enforce M.G.L. 151(b) for remote workers who do not live or work in Massachusetts. However, given that there could be a choice of law question between Massachusetts and the remote worker’s state laws, it is prudent to consult an attorney to determine which state’s law would apply if any of the company’s remote employees were to file suit.


If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.


Remote Workers and the WARN Act

July 9, 2025
Background: The e-commerce website Zulily liquidated in May 2023 and laid off its entire workforce by the end of 2023. While in-person workers at Zulily’s Seattle headquarters and fulfillment centers in Ohio and Nevada received 60 days’ notice or pay under the Worker Adjustment and Retraining Notification (WARN) Act, remote employees were not given any notice or pay. Four remote workers—two based in Washington and two based in Ohio—filed a class action lawsuit claiming that this was a violation of the WARN Act and state wage laws. The workers argued that because their roles were assigned to corporate offices or fulfillment centers, they should have been considered “affected employees” under the WARN Act when those sites closed. In a decision that could signal a significant shift in how the WARN Act applies to remote workers, the federal judge refused to dismiss the workers’ claims.  Key Legal Questions 1. Do Remote Workers Qualify for WARN Act Protections? The core of the dispute centers on whether remote workers can be considered part of a “single site of employment” that closed or experienced a mass layoff—terms that define whether the WARN Act’s notice requirements kick in. 2. Are WARN Act Damages Considered “Wages”? The Plaintiffs also brought state wage claims, arguing that the pay they would have received with proper WARN Act notice should be considered unpaid “wages” under Washington law and Ohio law. What the Court Decided: Judge Kymberly K. Evanson rejected the company’s motion to dismiss the case. Finding that Zulily’s argument that remote employees do not work at a single site with 50 or more workers and thus aren’t covered, was a factual question not suitable for early dismissal. Prior cases support the idea that even home-based employees may be “affected employees” if tied to a central worksite that shuts down. The court also found that if the WARN Act applies, then the Plaintiffs could plausibly claim that Zulily withheld “wages” owed under Washington and Ohio laws —opening the door to potential double damages and attorney fees. The Plaintiffs haven’t won their case; the court’s refusal to dismiss the claims allows them to move forward to discovery and potentially class certification. If they succeed, the case could set a precedent requiring companies to treat remote employees as part of larger employment sites for WARN Act purposes. With remote work here to stay, courts—and employers—will need to grapple with what "site of employment" really means in the 21st-century workforce. For employers, the message is clear: remote doesn't mean exempt. As the legal framework catches up with modern work arrangements, companies must tread carefully when making large-scale employment decisions. If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

Modern Leadership Through Coaching

June 20, 2025
“Ability is what you’re capable of doing. Motivation determines what you do. Attitude determines how well you do it.” This quote from my Notre Dame football coach, Lou Holtz, has not only resonated with me through all aspects of my life, but it has guided me in coaching employees for success. Indeed, in playing for Coach Holtz in the late 1980s and winning a national championship with him, I learned quite a bit about leadership and accomplishing goals. The following takeaways that I learned as a young adult are what I have implemented into my professional life. While the objectives of leadership — driving performance, fostering engagement, and cultivating growth — remain constant, the ways in which we motivate our teams have evolved with each generation. What inspired Baby Boomers may not resonate with Millennials or Gen Z. Understanding these generational shifts is key to effective leadership today. In today’s work environment, coaching employees is not just a leadership tactic — it’s a strategic imperative. Remote work has reshaped communication, and employee expectations have shifted toward development and purpose. Coach Holtz’s quote serves as a simple but powerful framework for effective coaching: leaders must recognize ability, fuel motivation, and shape attitudes to bring out the best in their teams. Recognizing Ability: Know What Your People Can Do The first step in coaching is understanding each employee’s strengths and capabilities. This means going beyond résumés and job descriptions to truly observe how individuals think, solve problems, and interact with others. When leaders understand what their team members are capable of, they can align tasks and goals in ways that challenge without overwhelming. Coaching helps bridge the gap between raw potential and real-world performance. Inspiring Motivation: Help People See the Why Motivation is deeply personal. What drives one employee may not matter to another. Effective coaches take time to learn what inspires their team — whether it’s growth opportunities, recognition, or a sense of purpose. By connecting everyday work to larger goals and company values, leaders can unlock intrinsic motivation. Motivated employees are more likely to take initiative, push past obstacles, and grow within the organization. The Leader’s Role in Shaping Attitude Attitude determines how work gets done. A coach’s role is to cultivate a culture where positivity, resilience, and accountability thrive. This involves addressing challenges by considering setbacks as chances for learning and demonstrating emotional intelligence. Leaders who coach with empathy and encouragement set the tone for how their teams respond to pressure, change, and collaboration. From Feedback to Forward Momentum Coaching isn’t about occasional feedback — it’s about ongoing dialogue. Regular check-ins, clear communication, and actionable suggestions create an environment where employees feel supported and empowered. Effective coaching helps people take ownership of their growth, rather than waiting for direction. It turns feedback into fuel for development. Coaching in the Modern Workplace Hybrid teams, technological shifts, and generational changes have made coaching even more essential. Today’s leaders must be more intentional about building connections and offering guidance, especially when face-to-face time is limited. Virtual coaching tools can help, but the foundation remains the same: genuine curiosity, active listening, and consistent support. The Lasting Impact of a Great Coach Coaching done well builds more than just stronger employees — it builds stronger people. When leaders take the time to develop ability, ignite motivation, and nurture the right attitude, they create lasting value for individuals and the organization. As Coach Holtz wisely reminds us, performance is not just about what you can do — it’s about how and why you do it. Derek Brown is chief administrative officer at the Royal Law Firm, LLP and a retired, nine-year NFL veteran who also gives speeches on leadership and teamwork to accomplish goals. The Royal Law Firm LLP, is a woman-owned, women-managed corporate law firm certified as a women’s business enterprise with the Massachusetts Supplier Diversity Office, the National Assoc. of Minority and Women Owned Law Firms, and the Women’s Business Enterprise National Council. If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288. Derek Brown wrote this article which was featured in BusinessWest. Click here to visit their website.