News & Analysis as of

Remote Working Reasonable Accommodation

Constangy, Brooks, Smith & Prophete, LLP

Three decisions provide cautions for employers who do business in the Bay State

Three recent court decisions provide important reminders for businesses with employees in Massachusetts. One involves application of the Massachusetts Wage Act to remote workers; one clarifies potential liability for...more

Farella Braun + Martel LLP

Return to Office Mandates: Best Practices and Minimizing Litigation Risks

The transition to in-person work after years of permitting and promoting remote work presents unique challenges for nonprofit organizations. While returning to the office (RTO) can enhance collaboration and workplace culture,...more

Tonkon Torp LLP

Employers: How to Navigate Four Common Conflicts to Minimize Litigation Risks

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After more than three decades providing employers legal counsel and litigation representation, I’ve seen (and helped prevent) a great deal of conflict at the workplace. What’s important for every employer to keep in mind is...more

Venable LLP

Do Employers Need to Provide Indefinite Remote Work as a Reasonable Accommodation?

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Employers are increasing the push for employees to return to physical workplaces. Whether through flexible hybrid models or return-to-office mandates, companies are reevaluating what work looks like in a post-pandemic world....more

Ballard Spahr LLP

Eighth Circuit Court of Appeals Finds Remote Employee Who Did Not Reside or Work in Minnesota Is Not Protected by the Minnesota...

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A three-judge panel of the 8th Circuit Court of Appeals for the Eighth Circuit recently issued a decision in Kuklenski v. Medtronic USA, Inc., No. 24-1310 (8th Cir. Apr. 9, 2025), finding that the definition of “employee” in...more

Fisher Phillips

Is It Time to Bring Everyone Back to the Office? 7 Issues for Employers to Assess Before Making This Move

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It’s been five years since the COVID-19 pandemic forever changed the way we approach remote work, but the push to bring workers back to the office full-time has gained momentum over the last few months. For instance, the...more

Vorys, Sater, Seymour and Pease LLP

Evaluating Remote Work as a Reasonable Accommodation

With many employers contemplating return-to-work directives and many employees seeking and/or needing an accommodation to continue remote work arrangements, employers must be mindful of their obligations under the Americans...more

Farella Braun + Martel LLP

Navigating the Transition the Return to Office Trend

The complex shift from remote work to in-office work requires careful consideration to balance efficiency and employee well-being. This crucial balance directly impacts employee satisfaction, retention, and organizational...more

Holland & Hart - Employers' Lawyers

Disability-Related Remote Work Accommodation Requests: First COVID, then the Deluge

Many employers instituted work from home policies during the pandemic that they are now fine-tuning or rethinking. While telework technology advances and return to onsite work initiatives unfold, employers must navigate...more

Holland & Hart - Employers' Lawyers

Quick Q&A on Remote Work Policies

Can remote polices from the pandemic be used against a company trying to bring employees back into the office? In certain circumstances, yes. Recently, courts have allowed juries to decide if onsite work is essential when the...more

Bricker Graydon LLP

Can We Put the Genie Back in the Bottle?

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Among the flurry of first-week executive orders issued by the Trump administration, President Trump ordered federal workers to report back to the office. Federal agencies and departments must take all necessary steps to end...more

Lerch, Early & Brewer

Must an Employer Accommodate a Disabled Employee Who is Able to Work but Unable to Commute?

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Most requests for disability accommodation arise out of the impact of an employee’s medical condition on their ability to perform their job duties. But sometimes an employer is confronted with a disabled employee requesting...more

CDF Labor Law LLP

[Webinar] Golden Rules Gone Wrong: Top 10 Compliance Hazards for California Workplaces in 2025 - January 29th, 10:00 am - 11:00 am...

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With employment lawsuits and regulatory scrutiny on the rise, staying ahead of employment law compliance risks is critical. California employers face unique challenges as the Golden State continues to lead the nation in labor...more

Fisher Phillips

Employer FAQs for the California Wildfires: Your Role in Protecting Workers’ Health, Safety, and Workplace Rights

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This detailed set of Frequently Asked Questions addresses the workplace-related issues facing employers in the wake of the California fires. In addition to legal obligations you need to consider, this Insight also addresses...more

U.S. Equal Employment Opportunity Commission...

Total Systems Services to Pay $65,000 in Disability Discrimination Lawsuit

Federal Agency Alleged Global Payments Company Denied Worker’s Pleas for Remote Work Due to High Risk for COVID-19 Infection - ATLANTA – Total Systems Services, LLC, a global payments processing company based in Columbus,...more

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

Indefinite Remote Work Isn’t a Reasonable Accommodation When In-Office Presence Is Essential Job Function, Federal Court Rules

On October 17, 2024, the U.S. District Court for the District of Kansas entered summary judgment in favor of the Unified Government of Wyandotte County/Kansas City, Kansas, as representative of the Kansas City Board of Public...more

Procopio, Cory, Hargreaves & Savitch LLP

[Event] 2024 Labor & Employment Seminar - November 6th, San Diego, CA

Calling all California Employers: Get ready to elevate your workplace game! It's that time of year again, and Procopio is back with a bang to present our much-awaited Annual Labor and Employment Seminar with timely,...more

Bradley Arant Boult Cummings LLP

Recent EEOC Activity and What to Watch For

In recent weeks, the EEOC has filed a number of lawsuits on behalf of individuals, alleging a range of employment claims. Here, we provide a brief overview of those lawsuits and the issues that may be on the EEOC’s mind....more

CDF Labor Law LLP

[Webinar] Just When You Thought It Was Safe to Go Back to the Office – The Top 10 Current Legal Headaches for California Employers...

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California employers face a constantly evolving legal landscape, with compliance challenges that can lead to significant financial and operational risks. Join CDF Partners Todd Wulffson and Alessandra Whipple during this...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Sanmina Corporation for Disability Discrimination

Federal Lawsuit Charges Company Fired Employee Because of Her Disability and Need for a Reasonable Accommodation - BIRMINGHAM, Ala. – Sanmina Corporation, a provider of electronic manufacturing services, violated federal...more

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

Dealership Update: Is it Time For a Trade-In of Your Employee Handbook?

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Your employee handbook has something in common with the products you sell: neither lasts forever and both eventually will need an update. Think about when that new car rolled off the lot with that new car smell. It was...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Continues Trend in Finding Teachers Must Be Able to Work in Person

During the COVID-19 pandemic, we saw a number of federal court decisions involving disability discrimination claims from teachers who requested full-time remote work as an accommodation for compromised immune systems or other...more

Parker Poe Adams & Bernstein LLP

Failure to Provide Employee With Private Office May Have Violated ADA Accommodation Requirements

Last week, we reported a federal appellate decision finding that an employee who insisted on working remotely failed to demonstrate a violation of the Americans with Disabilities Act because he would not consider alternative...more

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