News & Analysis as of

Telecommuting Employer Liability Issues Americans with Disabilities Act (ADA)

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 -
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

Bricker Graydon LLP

Is it Essential I Come Back to My Cubicle? Maybe.

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Seems like every other day we hear about some company calling employees back to the office. Some go better than others. I am not the first person to say this, but we’re entering and setting up camp in a new era of work....more

Obermayer Rebmann Maxwell & Hippel LLP

Telework In The New Normal: How Reasonable Is It?

Federal laws, such as the Americans with Disabilities Act (“ADA”), Rehabilitation Act, and Pregnant Workers Fairness Act (“PWFA”), and similar state laws require certain employers to provide reasonable accommodations for...more

Constangy, Brooks, Smith & Prophete, LLP

Reasonable accommodation for driving to the office? Are you kidding?

That's one way to get employers to allow remote work. We all know that employers with 15 or more employees are covered by the Americans with Disabilities Act and may have to provide reasonable accommodations to allow...more

Troutman Pepper

Requests for Remote Work Accommodations Require Individualized Assessments

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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

Foley & Lardner LLP

Remote Work Considerations In A Post-Pandemic World

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The federal government recently announced the end of the COVID-19 public health emergency, and the three-year pandemic finally appears to be in our rearview mirror. Originally published in Law360 - June 1, 2023....more

FordHarrison

The Post-Pandemic Era of “Flexibility Fatigue” and ADA Implications: What Employers Need to Know When Making the Shift Back to the...

FordHarrison on

Introduction - COVID-19 completely changed the way we grocery shop, the way we attend doctor’s appointments, and the way we work. Specifically, COVID-19 created a new era of remote work for both employers and employees....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

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Insights, Volume 2, Issue 16

Vaccine mandates and return-to-work scenarios seem to be the hot topics of the day, and with all hot topics, along comes litigation. Along with litigation, comes serious discussions by employers and organizations about how...more

McAfee & Taft

Tenth Circuit refuses to second-guess employer’s judgment in ADA accommodation case

McAfee & Taft on

The ongoing pandemic has made telework much more common for many workplaces. As we begin to return to normalcy, employees may question whether they need to be physically present at work when telework has proven to be...more

Seyfarth Shaw LLP

Pandemic Telework Does Not Create Presumptive Right to Telework Post-Pandemic According to EEOC

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Seyfarth Synopsis: With telework seeming like the new normal for many, employers and employees have been wondering whether pandemic telework will be seen as creating a presumptive right to post-pandemic telework as a...more

Eversheds Sutherland (US) LLP

The EEOC has provided “guidance” to telework and the ADA

During the COVID-19 pandemic, the Equal Employment Opportunity Commission (EEOC) has published guidance addressing various issues related to employment law and COVID-19. On September 8, 2020, the EEOC posted updates, which...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

Jackson Lewis P.C. on

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

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

Seyfarth Shaw LLP

Blog Series – Managing a Future Tele-Workforce

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Seyfarth Synopsis: In part one of a series concerning managing the future tele-workforce, below are some tips to navigate reasonable accommodation requests and monitor the performance of employees who will likely be working...more

Seyfarth Shaw LLP

Thank You, Next Guidance Please — Everything You Need to Know About the Wage and Hour Division's Latest Guidance on COVID-19 and...

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The U.S. Department of Labor’s Wage and Hour Division earlier this week published additional employer guidance regarding compliance with the FLSA during the COVID-19 pandemic (“Guidance”).  ...more

Cozen O'Connor

COVID-19 FAQs For California Employers

Cozen O'Connor on

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

Seyfarth Shaw LLP

Compliance Alert: The EEOC Announces Its Views On ADA, Title VII, and ADEA Considerations During The Pandemic

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Seyfarth Synopsis: On March 27, 2020, the EEOC announced its views on the COVID-19 pandemic. In particular, the EEOC provided guidance on how laws under its jurisdiction, such as the ADA, Title VII, and GINA, should be...more

ArentFox Schiff

Best Practices for Managing Employees While on Telework Status

ArentFox Schiff on

As more and more states order businesses to close their physical locations because of the novel coronavirus pandemic, employers are being encouraged by the federal and state governments to work remotely and not have their...more

Littler

Coronavirus (COVID-19) Employer FAQs (UPDATED)

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The increased spread of the novel coronavirus (COVID-19) in the United States presents employers with significant workplace challenges. The following Frequently Asked Questions (FAQs) are designed to address some of the...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

Womble Bond Dickinson

N.C. Federal Court Allows Former Employee’s Disability Claims to Proceed to Trial

Womble Bond Dickinson on

A North Carolina federal trial court recently denied an employer’s request to dismiss a former employee’s disability discrimination and retaliation claims under the Americans with Disabilities Act (“ADA”). The case provides a...more

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