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.


September 25, 2025
Starbucks is facing a new wave of litigation, in this instance over its workplace dress code. Employees in California, Colorado, and Illinois allege that the Company’s updated policy forced them to purchase clothing items out-of-pocket without reimbursement, raising questions about employer obligations under state expense reimbursement laws. The Lawsuits On September 17, 2025, employees in Illinois and Colorado filed class-action lawsuits, while workers in California submitted complaints to the State’s Labor and Workforce Development Agency. If the Agency declines to act, those workers intend to pursue their own civil claims. The lawsuits are backed by the union organizing Starbucks workers, and plaintiffs argue that requiring employees to buy specific uniform items without full reimbursement violates the states’ statutes. Under laws in California, Colorado, and Illinois, employers must cover necessary business expenses, which can include uniforms or clothing mandated by a dress code. What the Dress Code Requires The revised policy, implemented in May 2025, requires employees to wear a solid black shirt (short or long sleeves, but not sleeveless or midriff-bearing) underneath their signature green apron. Pants must be khaki, black, or denim, and shoes must be in muted tones such as black, gray, navy, brown, tan, or white. The policy also forbids “theatrical makeup” and visible face tattoos, prohibits nail polish and tongue piercings, and limits workers to one (1) facial piercing. In an effort to offset the change, Starbucks provided two shirts free of charge to each employee. Workers contend this was not enough, since multiple additional items were required to comply with the policy. Court documents show that some employees who failed to follow the dress code were subject to verbal warnings or sent home before starting their shifts. Worker Claims One plaintiff, Shay Mannik, a shift supervisor in Colorado, reported purchasing four black T-shirts, compliant shoes, and jeans to meet the dress code requirements. Despite these costs, Mannik claims they were never reimbursed. “It’s unfair that a billion-dollar company puts this burden on workers already struggling with unpredictable hours and understaffed stores,” Mannik stated through attorneys. Starbucks’ Response Starbucks defended the policy as a way to “deliver a more consistent coffeehouse experience to our customers and provide our partners with simpler and clearer dress code guidance.” The Company emphasized that it issued two free shirts to employees to prepare for the change. Key Considerations for Employers The Starbucks litigation underscores several important lessons for businesses:  Uniform Policies May Trigger Reimbursement Duties. Even when employers provide some clothing, state laws may still require reimbursement if employees must make additional purchases. State Laws Differ. California, Colorado, and Illinois all impose expense reimbursement obligations, but requirements vary, and enforcement can be aggressive. Here in Massachusetts, an employer does not need to pay for or reimburse an employee for general clothing, such as khakis, a black shirt, and black shoes, since these are ordinary items that can be worn outside of work. If the employer requires a specific style, brand, or logo (making the clothing a true uniform) then the employer must provide or reimburse for it and cover the cost of maintenance if special cleaning is needed. The only exception for ordinary clothing is if the cost would reduce the employee’s pay below minimum wage. Policy Rollouts Should Weigh Legal Risks. Employers introducing or revising appearance standards should carefully evaluate potential compliance costs, both financial and reputational. Takeaway The lawsuits against Starbucks will test the boundaries of state reimbursement laws and may influence how courts interpret employer obligations regarding dress codes. For companies, this case highlights the need to review policies proactively and ensure expense reimbursement practices comply with applicable state requirements. At The Royal Law Firm, we advise businesses on preventive compliance and represent employers when disputes arise. Our team’s focus on business defense ensures that policies are both operationally effective and legally sound. 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.
September 24, 2025
The Royal Law Firm is proud to announce that we have been ranked in the inaugural Chambers Spotlight Massachusetts Guide, which is a prestigious recognition from the internationally renowned legal research company Chambers and Partners! We are honored to be recognized for our exceptional expertise in Labor & Employment law. This ranking reflects our unwavering commitment to delivering top-tier legal counsel to businesses throughout the Commonwealth and beyond. Only 2% of attorneys are ranked by Chambers. The Royal Law Firm is the only Labor & Employment firm ranked in Springfield, MA. This award highlights small and mid-sized firms with a proven record of excellence and partner-level attention to client matters. Chambers Spotlight is a new guide designed to showcase the very best boutique and mid-sized firms across key U.S. legal markets, focusing on firms that combine regional insight, national impact, and client-focused service. About The Royal Law Firm The Royal Law Firm is a New England-based, women-owned law firm that exclusively represents businesses. Our attorneys are known for their aggressive litigation strategy, proactive employment law counseling, and commitment to understanding every client’s unique business model and goals. We are proud to be certified as a Women-Owned Business through state and national organizations including WBENC, NAMWOLF, and the Commonwealth of Massachusetts Supplier Diversity Office. The Royal Law Firm was founded by Amy Royal in 2008 with a mission to promote diversity in the legal field, serve businesses exclusively, and give back to her hometown community. As a seasoned trial lawyer with over 25 years of civil litigation experience representing companies, Amy specializes in employer-side employment law, business tort defense, labor law, and corporate transactions. She has successfully defended clients in individual and class action cases involving wage and hour issues, discrimination, harassment, FMLA, OSHA, ERISA, and more. Amy also advises on union matters, HR policies, workplace investigations, and affirmative action compliance. Her commercial litigation work spans business torts, unfair competition, and contract disputes, while her transactional practice includes drafting employment agreements, vendor contracts, and regulatory compliance strategies. Our recognition in the Chambers Spotlight Guide reflects the dedication and excellence of our entire team. Thank you to our clients, peers, and community for your continued trust and support. We look forward to continuing to serve you with excellence.