Law360 features Kelley Drye’s Barbara Hoey in an article on a New Jersey federal court’s recent ruling that nonresidents who work remotely for a state company can sue under New Jersey’s anti-discrimination code. This decision reflects the increasingly complex legal landscape around telework.

Barbara Hoey said the judge’s interpretation seems fair. “I don’t think this court is necessarily wrong — they went through a very well-reasoned analysis of the statutory construction. You have a company based in New Jersey, and they have to comply with New Jersey law. I would be more surprised if it was the opposite.”

“This case has no explicit or implicit extraterritorial application, but — and there’s a big but — there’s no reason that the rationale the New Jersey court uses couldn’t be applied to other state laws. There is no reason why a court in another state might not reach the same conclusion. With the advent of remote work, companies have to be aware that if they are hiring employees in, for instance, California, they need to comply with California law, as well as the law of the state where the company is headquartered.“

You can read the full article here.

Barbara Hoey Featured in Law360 Article on Remote Work