Bill > H2090

This bill addresses the legal framework for remote employees working for Massachusetts-based employers by establishing clear guidelines for employment law application. The legislation defines an "employer" as any individual, corporation, or entity incorporated, headquartered, or operating in Massachusetts that hires "remote employees" - workers who perform labor virtually by transmitting work through digital means like telephone, video, or internet applications, regardless of their physical location. The bill stipulates that Massachusetts law will automatically apply to such remote employees unless there is a clear, mutually negotiated written contract that explicitly and unambiguously chooses another jurisdiction's laws. Importantly, even if such a contract exists, it can be invalidated if the employer fails to comply with the legal obligations of the designated jurisdiction, in which case Massachusetts law would again take precedence. The motivation behind this legislation stems from the exponential growth of remote work over the past decade and recognizes the value of remote work for employers, employees, and the Commonwealth, particularly during public health emergencies. The bill is set to be enacted on January 1, 2026, providing employers and employees ample time to understand and adapt to these new legal provisions.

Budget and Finance, Labor and Employment

https://malegislature.gov/Bills/194/H2090