News & Analysis as of

Telecommuting Family and Medical Leave Act (FMLA) Employer Liability Issues

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 -
Venable LLP

U.S. Department of Labor Releases Guidance on Teleworkers

Venable LLP on

The U.S. Department of Labor (DOL) Wage and Hour Division recently issued a Field Assistance Bulletin (FAB) advising on certain applications of the Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA) for...more

Lathrop GPM

DOL Issues Guidance on Telework

Lathrop GPM on

On February 9, 2023, the U.S. Department of Labor’s Wage and Hour Division (DOL) issued Field Assistance Bulletin No. 2023-1 (FAB) to help employers (1) better understand their wage and hour obligations under the Fair Labor...more

Morgan Lewis - Tech & Sourcing

Remote Work Employment Issues: A Conversation with David McManus and Emily DeSmedt

As part of our Spotlight series, we welcome David McManus, a partner in our New York office and the deputy leader of Morgan Lewis’s labor and employment practice, and Emily DeSmedt, a partner in our Princeton office, who...more

Littler

Dear Littler: How do we Know Which State’s Laws Govern the Leaves and Benefits for our Wandering Workers?

Littler on

Dear Littler:  Thank you for answering our question last month about what wage and hour issues we needed to consider for our “wandering worker” who moved to North Dakota and wants to continue remote work. Of course, now that...more

Fisher Phillips

December 2020: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

FordHarrison

Virtual Posters – New DOL Guidance on Federally-Mandated Notices in a Virtual Workplace

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Recognizing that remote work is here to stay for many employers, the U.S. Department of Labor (DOL) recently issued guidance on how employers can use virtual means to distribute and maintain the various posters required by...more

Sherman & Howard L.L.C.

[Webinar] Employment Law in the Time of COVID: Furloughs, Sick Leave, Telecommuting, & More - September 24th, 12:00 pm - 1:00 pm...

This seminar will examine workplace legal issues in the context of the ongoing COVID pandemic. A general overview of the following topics—and how they operate during the current public health crisis--will be discussed:...more

Bradley Arant Boult Cummings LLP

More Back to Work Thoughts: DOL Provides Tips on Accommodations Due to COVID-19

As the country moves closer to fully opening businesses, the Department of Labor wants to remind all employers that their obligations under the Americans with Disabilities Act are still in place for workers with disabilities....more

Jackson Lewis P.C.

Class Action Trends Report Summer 2020

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Employers continue to grapple with an ongoing, unprecedented public health crisis caused by the COVID-19 pandemic and its after-effects, which have profoundly disrupted the nation’s economy and U.S. workplaces. In this issue,...more

Jaburg Wilk

Telecommuters: Don’t Let Your Employers Fail To Honor Your FMLA Rights

Jaburg Wilk on

Many people do not know that there is a special rule for telecommuters in seeking Family Medical Leave Act rights. If you work from home, even if you are the only employee in your state, you are still entitled to FMLA...more

Jaburg Wilk

Everything Employers and Employees Need to Know When an Employee Feels Unsafe Returning to Work Due to COVID

Jaburg Wilk on

Many employees are concerned about returning to work due to COVID-19. Employers need to be prepared for their employee’s requests. They will want to treat their employees fairly and also minimize their liability. There are...more

Cozen O'Connor

COVID-19 FAQs For California Employers

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We have prepared the following FAQ to guide California employers with respect to their workplace policies and their response to the orders and laws that have been passed at the federal, state and local level to contend with...more

Shook, Hardy & Bacon L.L.P.

COVID-19 Client Primer | National Employment Law Series: Guidance on Employment Law Changes

Changes and Guidance in the National Employment Sphere - As the number of confirmed COVID-19 cases continues to increase, national employers across the country are moving to remote-work models or suspending work...more

Kramer Levin Naftalis & Frankel LLP

Employment Implications of COVID-19

As COVID-19 spreads across the United States, it is having a profound impact on employment relationships. With the situation changing daily, employers are making decisions that may impact the health of their employees, their...more

Foley Hoag LLP

COVID-19: FAQs for Employers

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As concerns about the outbreak of coronavirus disease 2019 (COVID-19) continue to mount in the United States (and world-wide), resulting in school and business closures and other disruptions across the country, employers are...more

Ballard Spahr LLP

How Employers Should Address the Workplace Impact of COVID-19

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With the number of coronavirus, or COVID-19, cases on the rise, employers are preparing to address a host of workplace issues, ranging from exposure risks to absenteeism to disability or national origin discrimination. Now is...more

Jaburg Wilk

What is a Reasonable Accommodation Under the ADA?

Jaburg Wilk on

What is a Reasonable Accommodation Under the ADA? Under the Americans With Disabilities Act, as amended (“ADA”), employers have a duty to provide reasonable accommodations to qualified individuals with a disability. It is...more

Seyfarth Shaw LLP

When Disaster Strikes: How Employers Should Respond to Wildfires

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Seyfarth Synopsis: When faced with wildfires or natural disasters, California employers must keep calm, carry on, and continue to meet their obligations under California law. ...more

Jackson Lewis P.C.

The Devil Is In The Detail – FMLA Eligibility And Remote Workers

Jackson Lewis P.C. on

With the increasing trend of telecommuting employees, it is not uncommon for a company to have small numbers of employees working from remote locations in various states. It is important that employers understand how FMLA...more

Troutman Pepper

Employees Should Not Be Working While On FMLA Leave

Troutman Pepper on

Q: Can I require an employee to do work while the employee is on FMLA leave? What if the employee volunteers to work while on leave? A: Under most circumstances, employees should not be required or permitted to perform...more

Littler

Hurricane Irma: 10 Challenges for Employers

Littler on

Hurricane Irma shows no sign of relenting as it barrels toward Florida and the Southeast Coast of the United States. As noted in a prior Littler article about Irma, safety and security are the top priorities at this point....more

Jackson Walker

Employer Considerations in the Wake of Devastation

Jackson Walker on

As businesses resume operations and start the recovery from Hurricane Harvey, they are likely to face a variety of employment related challenges. These are a few of the issues that employers should be prepared to address....more

Seyfarth Shaw LLP

Practical Advice for Weathering Pay and Leave Issues Following Hurricane Harvey

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Seyfarth Synopsis: As employers begin to pick up the pieces following Hurricane Harvey, management will likely encounter questions about employee pay, benefits, and leaves of absence during and after this disaster, and may...more

FordHarrison

HR issues that arise when natural disasters hit

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Natural disasters, like Hurricane Harvey, raise a host of issues for employers, regardless of whether these employers have a direct presence in the affected areas or whether they have employees residing in or telecommuting...more

Mintz - Employment Viewpoints

Fifth Circuit Holds Reporting to Work Regularly is Essential Function of Attorney’s Job Under the ADA

In a decision that will provide some solace to employers asked to permit remote work as a reasonable accommodation under the Americans with Disabilities Act, the United States Court of Appeals for the Fifth Circuit recently...more

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