Laptops at the Ballpark: Concerns for Employers Managing Remote Workers

Quick Hits

• Employers face challenges regarding employee productivity and efficiency when remote workers choose unconventional work settings, such as sports stadiums, which can be distracting and complicate compliance with labor laws.
• Security risks may arise from using public Wi-Fi networks at sports venues, exposing sensitive company and client information to potential breaches.
• Clear remote-work policies and security measures can help employers manage the complexities of hybrid work arrangements.

Why Employees Are Working Remotely From Stadiums

Baseball, perhaps more than any other professional sport, features matinée games during typical business hours. Employers are probably familiar with employees playing hooky to attend such afternoon games. But with new communication technologies, increased access to Wi-Fi in public areas, and a rise in hybrid and remote-work arrangements since the pandemic, it has become easier for employees to “work” from a variety of locations, including ballparks, which might not be conducive to productive work.

And though some may have declared remote work dead, as employers increasingly issue return-to-office mandates, a large portion of the U.S. workforce continues to work remotely, at least part of the time. According to March 2026 statistics from the U.S. Bureau of Labor Statistics, nearly 36 million workers—22.6 percent of the workforce—“telework” for some or all of their hours worked.

In recent years, multiple fans have been caught by broadcast cameras with laptops in the stands, often during weekday matinée games. Piggybacking on that trend, some teams have even experimented with special “Work From the Ballpark” marketing promotions that encourage remote workers to bring their laptops to the stadium.

As a result, employers face growing concerns about where hybrid and remote employees are actually working and the productivity, wage-and-hour, and other implications that follow.

Legal and Compliance Risks of Remote Work in Public Venues

Employee Productivity and FLSA Hours-Worked Compliance

The most immediate concern is whether an employee who logs into work remotely from a stadium is actually working. The distractions inherent in a live sporting event make it difficult for even the most disciplined worker to maintain sustained focus on the work at hand. For nonexempt employees, there are concerns related to the Fair Labor Standards Act (FLSA) about whether hours logged at a ballpark are genuinely hours worked. Exempt workers are treated differently, but a pattern of distracted work may prompt employers to review their work arrangements. At the same time, employers may want to tread carefully with unilaterally reducing hours worked for nonexempt employees based on a perceived lack of productivity, even if work is logged from a ballpark, to avoid wage-and-hour claims.

Network Security and Data Protection Risks on Public Wi-Fi Networks

Using a laptop or other electronic device to conduct work in a public setting raises security concerns, particularly for employers in highly regulated industries and fields such as healthcare, financial services, or law. Public Wi-Fi networks at stadiums may be insecure, potentially exposing confidential company or client information to privacy vulnerabilities. Working in a crowded public environment also increases the risk that others will see confidential information or work products on employees’ screens.

Multistate Income Tax Withholding Implications

A frequently overlooked issue with remote work is the multistate tax impact when employees work from a ballpark or stadium in a state where they do not normally work. Many states impose income taxes on wages earned within their borders, even on nonresidents, and an employee performing work at an out-of-state stadium may trigger state income tax withholding obligations for the employer.

Considerations for Employers Managing Hybrid and Remote Workforces

Adopting Written Remote-Work Policies

Employers may want to consider adopting clear, written remote-work policies and enforcing them consistently. Such policies can define where employees are permitted to work remotely and may expressly prohibit work in public venues such as stadiums. Remote-work policies can also set and communicate an employer’s expectations regarding remote-work arrangements, including requirements that employees work in specific states or localities, disclose their work locations, have work environments conducive to productivity, and access the internet via secure connections. The policies may also set forth when remote work arrangements may be made and under what circumstances such privileges may be revoked.

Implementing Network Security Measures

Employers may want to consider mandating the use of virtual private networks (VPNs) and multifactor authentication, and, potentially, prohibiting the use of public Wi-Fi for work or for conducting certain confidential work. Employers may also consider requiring employees to use privacy screens on laptops and other work devices and conduct regular network security training sessions, especially for employees in industries with heightened data protection obligations.

Using Employee Monitoring and Accountability Tools

Employers may wish to consider reasonable monitoring tools—such as productivity software, regular check-ins, or project management platforms—to ensure remote workers are meeting expectations. However, before implementation, employers may want to consider other potential risks with such monitoring tools, such as privacy implications, the risk of disability discrimination, potential surveillance claims, and the impact on workforce morale.

Key Takeaways

Hybrid and remote work remain widespread, and the legal and compliance issues extend well beyond the novelty of a fan working from the stands at a Tuesday doubleheader. Employers managing distributed workforces face overlapping risks across productivity and FLSA hours-worked compliance, network security and data protection, and multi-state income tax withholding. Employers may want to review and update their written remote-work policies, define permitted work locations, require VPN and multifactor authentication, and set clear expectations for security protocols—whether employees are working from home, a ballpark, or another remote location.

Ogletree Deakins will continue to monitor developments and will provide updates on the Employee Engagement, Employment Law, Employment Tax, Multistate Compliance, Return to Work, Sports and Entertainment, Technology, and Wage and Hour blogs as additional information becomes available.

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