If I work at home but my employer is based in another state don’t they have to follow the labor laws of my state?

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If I work at home but my employer is based in another state don’t they have to follow the labor laws of my state?

MO labor law, the state in which my employer is located, does not require employers to provide employees a break of any kind, including a lunch hour. These provisions are either left up to the discretion of the employer, can be agreed upon by the employer and employee, or may be addressed by company policy or contract. However, the labor in my state, IL, requires that an employee who is to work 7 1/2 continuous hours or more shall be provided a meal period of at least 20 minutes. The meal period must be given to an employee no later than 5 hours after beginning work. IL has no law regarding breaks. My employer schedules me to start work at 7 am, with the first 10 minute break at 9:10 am, and then a lunch break at 1 pm, 6 hours after I’ve started and 2 hours before I am scheduled off.

Asked on August 7, 2018 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Labor or employment law is local law: the law of the state wherein the work is performed and employee located (not the law of the state where the company is based or headquartered) is the law that is applied. Illinois law would therefore apply to your employment.


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