Scenario 7

Inez works remotely for The Company from their home in Minnesota. The Company is located across the river in Wisconsin. Inez applies for a new position in the company. The Company has stated that this new position is also a remote position so Inez would be able to continue to work remote from their home in Minnesota.

Question: Is the employer allowed to ask and consider current and past pay when making an offer to Inez since The Company is located outside of Minnesota?

Probably not. When it comes to remote work, employees are generally protected by the laws of the state in which they reside. Therefore, under the Minnesota Human Rights Act, The Company cannot consider the pay history of an applicant when determining wages, salary, earning, benefits, or other compensation.

However, with remote work, there can be very specific facts that can result in different outcomes with regards to which state employment laws control. If The Company wants to employ someone who lives or works in a different state, The Company should speak to their attorney to review the specific facts for its remote scenario.

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