Telecommuting Employee Requirements: Strategies to Avoid Legal Pitfalls
It’s estimated that nearly two-thirds of employers offer some form of work-at-home employment arrangement for their employees. This can range from a periodic “working from home” day to a normal five day a week at home work schedule in which an employee never sets foot in your office. No matter the type of telecommuting options offered by an employer, many companies fail to pay enough attention to the regulatory requirements and the related risks and potential liabilities that go along with at-home employee work arrangements. For example, does the ADA require an employer to make an accommodation for a work-at-home employee who requests an accommodation? Does a work-at-home employee arrangement alter the nature of FMLA? How should an employer track intermittent leave or requests for caregiver leave? Can OSHA worker safety requirements be applied to a home office? Does a worker who is injured while at work in his or her home office qualify for Workers’ Comp? Do FLSA overtime rules apply or are your telecommuter employees exempt from overtime? These are just some examples of the questions that you need to have answers to.
Just a sampling of the many practical tips you’ll take away:
- Find out whether you must provide telecommuting as a reasonable accommodation under the ADA
- Review the requirements under ADA, FMLA, FLSA, Workers’ Comp, and OSHA relating to work-at-home telecommuting arrangements
- See how allowing some but not others to telecommute could give rise to discrimination claims against your organization
- Learn the steps to protect your organization if an employee is injured while working from home
- Review how to handle requests for FMLA leave from employees who work remotely
- Understand whether your employer should have a telecommuting policy
- Review best practices for drafting a legally compliant telecommuting policy that will protect your employer
- AND MUCH MORE!
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