Working in Space: The Final Frontier of Remote Work

Due to the COVID-19 pandemic, virtual workplaces have become much more common. But while advancements in technology have made remote work more accessible for many employees, jurisdictional confusion and varying state-specific employment regulations have made it extremely difficult for employers to switch from traditional in-person office settings to work-from-anywhere workplaces. In addition, taxation and mandatory workers’ compensation insurance requirements mean that employers often need to be registered to do business in any state they have employees in, making a truly remote workforce somewhat of a misnomer. However, as difficult as it might be for terrestrial employers to navigate our patchwork of employment laws, space employers face significantly more hurdles. From increased jurisdictional uncertainty, to the astronomical expenses involved in keeping humans alive in space, to the simple fact that many of the employment relationship norms that endure on Earth simply do not and cannot exist in space. This Article will explore the complex issues faced by employers struggling to create a remote workforce in the United States and then look toward the legal and human capital issues that are arising for private employers involved in the final frontier of remote work, those with employees working in space.