Telecommuting

Telecommuting is an employment relationship whereby employees do not commute to a central office location, but instead work remotely using technology to communicate and share information with colleagues and... more +
Telecommuting is an employment relationship whereby employees do not commute to a central office location, but instead work remotely using technology to communicate and share information with colleagues and employers. Telecommuting arrangements often vary depending on the workplace. In some arrangements, employees may never come into a central office. While in others, employees may only telecommute a few days per week or month.  Telecommuting can lead to greater employee satisfaction and productivity; however, some employers may find that working frequently outside the office diminishes team building and brainstorming. In addition, allowing telecommuting may implicate certain workplace legal issues.  less -
News & Analysis as of

Is Your Company Ready for the Millennial Shift?

With Boomers exiting and Millennials entering, significant shifts in the work environment are coming—along with shifting concerns for employers. Are you ready?...more

Patent Office Scandal Identifies Ongoing Need For Whistleblower Hotline Providers & Wage and Hour Training

Have you been following the recent scandal at the US Patent Office? It’s been an interesting case to watch. In late August, the Commerce Department sent a memo to 47,000 employees reminding them that “erroneous...more

BREAKING: 6th Circuit Will Rehear Ford Telecommuting/Reasonable Accommodation Case

Law 360 reports this morning that the U.S. Court of Appeals for the Sixth Circuit has agreed to rehear the EEOC v. Ford Motor Co. case, which I reported on (and disagreed with) in April. The original decision, holding that...more

USPTO and "Telegate"

By now, we've all heard of the controversy regarding the lax oversight at the USPTO of examiners in the Office's Telework Program--what I'll unofficially dub as "Telegate." Now, the House Oversight and Government Reform...more

Russian Employment Law: Terms of Employment and Separation

Terms of Employment. Under Russia’s Labor Code, there is a maximum 40-hour work week for employees, and less than that for certain types of jobs and workers, such as for employees working in dangerous environments or...more

Keeping Up with the Times: Solving the I-9 Conundrum for Remote Employees

The impact that technology has on our everyday life is impressive. It touches us at work, home, and even while we’re on the road. And while technology has its disadvantages (you are always “on”), it also has its advantages:...more

Teleworker, Or Teleslacker? Here’s How Employers Can Tell The Difference.

Is the employee’s home worksite conducive to work? Does the employee have proper equipment, or does she have a Commodore 64 with dial-up modem, and a rotary phone? (If the latter, are you willing to provide her with a decent...more

Should telecommuting be a reasonable accommodation?

Increased use of telecommuting reflecting flexibility in the workplace has been the trajectory for many businesses, especially those in technology markets. Then Yahoo CEO Marissa Mayer decided to take a very different stance...more

Employers May Now Have To Provide Employees With The Added Comfort Of Working From Home

The Sixth Circuit Court of Appeals has put employers on notice that they may need to accommodate employees with disabilities by allowing them to work remotely from home, forcing employers to reconsider whether a physical...more

Quirky Question #232, We Can Require Our Employee To Work At The Office, Right?

Question: We are a medium-sized Minnesota employer. Our lead accountant recently spoke with our Director of Human Resources and requested to work from home several days a week due to a medical condition. We believe...more

Is Telecommuting a More ‘Reasonable’ Accommodation Under the ADA?

On April 22, 2014, the Sixth Circuit Court of Appeals in EEOC v. Ford Motor Company reviewed whether a telecommuting arrangement could be a reasonable accommodation for an employee suffering from a debilitating disability....more

Home Sweet Home: 6th Circuit Rules that Showing up for Work is not Required

Changes in telecommuting practices may be around the corner for many employers, as the recent 2-1 decision in EEOC v. Ford Motor Co., 2014 FED App. 0082P (6th Cir. 2014) may usher in significant changes in what constitutes a...more

Fifth Circuit Finds Attendance to be Essential Job Function

In recent years, the Equal Employment Opportunity Commission has taken the position that regular job attendance may not be an essential job function under the Americans with Disabilities Act. Under the ADA, employers are...more

Is Telecommuting Now a Reasonable Accommodation?

The laws prohibiting disability discrimination impose obligations on employers which go far beyond the mere avoidance of discrimination. In addition to refraining from discrimination, employers must also provide reasonable...more

Disability Accommodation Through Telecommuting More Reasonable In Modern Workplace

In EEOC v. Ford Motor Company, the federal Sixth Circuit appellate court (covering Kentucky, Michigan, Ohio, and Tennessee) recently held that telecommuting may be a reasonable accommodation under the Americans with...more

Fenwick Employment Brief - May 2014

Disability Accommodation Through Telecommuting More Reasonable In Modern Workplace - In EEOC v. Ford Motor Company, the federal Sixth Circuit appellate court (covering Kentucky, Michigan, Ohio, and Tennessee) recently...more

Telecommuting: A New Trend of Reasonable Accommodation?

Technology has transformed the workplace in almost every industry. The use of cellphones, laptops, tablets, videoconferencing and other electronic media has, in many cases, torn down the walls of traditional offices, and...more

Sixth Circuit Sides With EEOC And Holds That Telecommuting May Be A Reasonable Accommodation Under The ADA

In EEOC v. Ford Motor Co., the U.S. Court of Appeals for the Sixth Circuit held that a jury will determine whether Ford was required to allow an employee with irritable bowel syndrome to telecommute as a reasonable...more

Employment Law - May 2014

Telecommuting May Constitute A Reasonable Accommodation Under The ADA - Why it matters: Telecommuting may constitute a reasonable accommodation under the Americans with Disabilities Act, the 6th U.S. Circuit Court of...more

Telecommuting May Be a Reasonable Accommodation under the ADA

Modern technology has dramatically changed the way we do business both in and out of the office. While regular attendance can be an essential function of many jobs, telecommuting is a viable option for others. In fact, there...more

Advances in technology require another look at telecommuting as a reasonable accommodation

The Sixth Circuit Court of Appeals revived an Americans with Disabilities Act (ADA) suit brought on behalf of an ex-Ford Motor Company worker, showing that courts are warming to telecommuting as an ADA accommodation. As a...more

What's the One Thing Every Company's Telecommuting Policy Must Include?

If, under certain circumstances, employers are required to accomodate remote work, what essential elements should be included in any company's Telecommuting Plan? ...more

Labor & Employment E-Note - May 2014

In This Issue: - Disability Policies and Forms May Violate ADA, EEOC Says - Court Draws the Line Between Attendance and Physical Presence - Using Medical Condition in Hiring Has ADA Implications, EEOC Says -...more

Can Telecommuting Be A Reasonable Accommodation Under The ADA?

Last month, in EEOC v. Ford Motor Company, the Sixth Circuit Court of Appeals (covering Tennessee, Kentucky, Ohio, and Michigan) held for the first time that employers may be required to permit employees to telecommute as a...more

Tax Consequences of Telecommuting Employees

Technology companies have been at the forefront of accommodating telecommuting employees who wish to work from home for lifestyle and other reasons. Companies may want to re-think this employee policy because of the...more

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