Remote employees working outside Massachusetts can sue under Massachusetts employment laws

In today’s workplace, it’s common for employees to work remotely from a different state. For example, employees working for a business located in Massachusetts might live and work from home in a neighboring state. This raises the question of whether employees working from home in Connecticut, Rhode Island, or some other state can take advantage of employee-friendly laws in Massachusetts, such as the Massachusetts Wage Act, which awards successful employees with mandatory triple damages. This issue was recently examined by a Massachusetts Superior Court in a case involving an employee living outside Massachusetts who was working remotely for a Massachusetts-based employer. Here’s what you need to know.

Background

Abigail Dubois lived and worked for Staples from her home in Rhode Island. Toward the end of her employment, there was a dispute over unpaid commissions allegedly owed to her.

When her employment ended, she filed a lawsuit against Staples alleging she wasn’t paid commissions that were owed to her under the Massachusetts Wage Act. She also claimed she was retaliated against in violation of the Act for complaining about not receiving the commissions.

Decision