News & Analysis as of

Remote Working Corporate Counsel

Parker Poe Adams & Bernstein LLP

Restricting Remote Work Interfered With Employee's FMLA Rights

The Family and Medical Leave Act does not require employers to allow qualified employees to work remotely. While such requests may fall under the Americans with Disabilities Act’s reasonable accommodation obligation, the FMLA...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employer’s ‘Take It or Leave It’ Offer of Remote Work as Reasonable Accommodation Is a Jury Question, D.C. Circuit Rules

On August 9, 2024, the U.S. Court of Appeals for the District of Columbia Circuit reversed the district court’s grant of summary judgment in favor of the U.S. Environmental Protection Agency (EPA) on an employee’s...more

Fisher Phillips

If a Cybersecurity Firm Can Fall For the Latest AI Workplace Scam, So Can You: 10 Steps to Protect Your Business

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A prominent cybersecurity training company just fell victim to an increasingly common scam when it hired a remote worker who turned out to be a North Korean cybercriminal that used AI deepfake tools to fake his identity and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Where Digital Nomad Visas Miss the Mark

Countries around the globe are establishing digital nomad visa regulations to allow foreign employees to enter the countries and work exclusively for foreign employers for short periods of time—generally, between six and...more

TransPerfect Legal

Trade Secret Protection in Life Sciences: Strategies for Success

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Late last month, the Association of Corporate Counsel (ACC) hosted a panel on Trade Secret Protection in Life Sciences: Strategies for Success. In today's rapidly evolving business environment, trade secrets are becoming...more

Proskauer - Law and the Workplace

Second Circuit Ruling Could “Impact” Discrimination Claims Brought by Remote Workers under NYS Human Rights Law

In King v. Aramark Services, Inc., No. 22-1237 (March 20, 2024), a Second Circuit panel affirmed the dismissal of claims under the New York State Human Rights Law (“NYSHRL”), concluding that under New York’s “impact test,”...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Upholds Employer's Denial of Remote Work During Pandemic

During the COVID-19 pandemic and afterwards, employers have faced a growing number of requests for remote work arrangements based on a medical disability. The Americans with Disabilities Act requires employers to grant...more

Mintz - Employment Viewpoints

2023 New York Employment Law Roundup

Although 2023 perhaps did not see the passage of any laws quite as impactful as 2022—which, as employers will recall, included New York State enacting its own pay transparency law (see here) and novel New York City Council...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Fisher Phillips

Here Are the Top 10 New Laws Coming Soon to California Workplaces and 5 Key Bills the Governor Surprisingly Vetoed

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California employers know that the new year inevitably brings new workplace laws that are finalized at the end of the state’s legislative session in the fall. This year, state lawmakers considered over 2,700 bills – the most...more

Manatt, Phelps & Phillips, LLP

California Employers Must Pay COVID Work-From-Home Expenses

California employers must reimburse workers for their COVID work-from-home expenses, a panel of the state’s Court of Appeal has ruled. To accomplish his duties for his employer, Paul Thai required Internet access, telephone...more

Troutman Pepper

Requests for Remote Work Accommodations Require Individualized Assessments

Troutman Pepper on

As more employers are requiring their employees return to the workplace, a recent decision from the U.S. District Court for the Eastern District of Pennsylvania, Oross v. Kutztown University, suggests that employers should...more

Littler

Tips on Physical Reverification of Virtually Verified Remote Employees

Littler on

As was previously reported, employers have until August 30, 2023, to conduct in-person physical verification of identity and employment eligibility documentation for all employees who were onboarded using remote virtual...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Weighs in for the First Time Since COVID-19 as to When Remote Work Can Be Reasonable Accommodation

Fifth Circuit precedent recognizes the “general consensus among courts” that regular, in-person work is an essential function of most jobs. Yet the continued viability of this premise has been in question, given the ability...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Three Options for Non-Canadian Employers Hiring Remote Employees in Canada

With the boom of remote work, companies have increased their candidate base to stretch well beyond the boundaries of cities, states, and even countries—and many employers are looking to tap into Canada’s deep talent pool of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Mexican Government Issues Final Health and Safety Standard for Remote Employees

On June 8, 2023, the final version of the Mexican Official Standard NOM-037-STPS-2023 Telework-Safety and Health Conditions (NOM-037) was published in Mexico’s Official Gazette of the Federation. ...more

BCLP

Windy City Watch-Out: Chicago’s Sexual Harassment Requirements Apply to Employers Outside of Chicago if Even One Employee Works...

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Last June, we provided information about the new Chicago sexual harassment training requirements pursuant to the amended Chicago Human Rights Ordinance (Chicago Municipal Code 6-10). At the time, the City indicated that the...more

Alston & Bird

States Continue Trend Supporting Remote Work for MLOs and Mortgage Company Employees

Alston & Bird on

A&B ABstract: Effective July 1, Montana will become the latest jurisdiction to codify authorization for mortgage loan originators and mortgage company employees to engage in remote work. That legislation follows a general...more

Littler

Ontario, Canada Proposes ESA Amendments Relating to Remote Workers and New Hires

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On March 13, 2023, Ontario announced that it is proposing two amendments to the Employment Standards Act, 2000 (ESA) and related regulations. Employees Who Work Solely from Home to Become Eligible to Receive Enhanced...more

Parker Poe Adams & Bernstein LLP

End of National Health Emergency Could Trigger Tax Liabilities for Remote Workers

President Biden recently announced that the national emergency relating to the COVID-19 pandemic will end on May 11, 2023. This move may result in unexpected tax issues for employers with remote workers in states where they...more

Jackson Lewis P.C.

California Legislature Update: Tracking New Bills that Could Impact California Employers

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February 17th was not only the start of the President’s Day weekend but also the last day that California legislators could introduce bills for consideration during the 2023 legislative session. Jackson Lewis attorneys will...more

Epstein Becker & Green

Proposed Amendments Clarify Reach of Upcoming New York State Pay Transparency Law to Remote Workers

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On February 13, 2023, the New York State Legislature approved an amendment, S1326 (the “Amendment”), to the upcoming New York State Pay Transparency Law S9427A (the “Law”), clarifying that the Law’s requirement that employers...more

Littler

DOL Issues Guidance on Tracking Hours Worked by Teleworkers Who Take Breaks

Littler on

On February 9, 2023, the U.S. Department of Labor Wage and Hour Division issued Field Assistance Bulletin No. 2023-1 (FAB) to provide guidance on tracking hours worked by employees who telework. While the FAB largely repeats...more

Fisher Phillips

U.S. Company’s Mandatory Video Surveillance Violated Dutch Remote Workers’ Fundamental Right to a Private Life

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A U.S.-based employer faced legal consequences after it terminated a remote employee in the Netherlands who refused to keep his camera on for the whole nine-hour workday. The Dutch Court held that the dismissal of the...more

Amundsen Davis LLC

Canadian Employee Required to Pay Back Former Employer for Time Theft

Amundsen Davis LLC on

A remote employee, Karlee Besse of Reach CPA, an accounting firm based in British Columbia, was terminated for theft of time, and then subsequently ordered to pay back approximately $2,750 to the firm for misrepresented wages...more

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