It has become increasingly common for employers to have employees work remotely, particularly in light of technological advances that have made it relatively easy to perform many job duties outside the confines of a traditional office. With the COVID-19 pandemic, working from home has become even more commonplace. Also referred to as telecommuting, remote work includes any work performed from a location away from the employer’s central workplace, often the employee’s home. While some employees may participate in a formal telecommuting arrangement with their employers, other employees work some hours at home each week or work from home intermittently.
Before the COVID-19 pandemic changed the work from home landscape, many employers and employees chose telecommuting arrangements for the benefits remote work provided. Telecommuting, however, also creates potential challenges and risks for the employer, such as:
- Wage and hour compliance under the Fair Labor Standards Act, including ensuring employees’ hours are accurately tracked and compensated.
- Questions on whether telecommuting qualifies as a reasonable accommodation under the Americans with Disabilities Act.
- Subjecting the employer to the tax laws of the jurisdictions in which the employee is working remotely, as well as rules of those jurisdictions relating to Workers’ Compensation insurance and unemployment insurance.
- Less control over where a remote employee stores confidential information and trade secrets and other information security issues.
- Potential discrimination claims if employers do not treat all employees’ telecommuting requests the same.
- General challenges associated with remotely managing employee performance and other aspects of the employment relationship, including productivity levels.
Knowledge of how to respond to common issues employers encounter with remote employees and best practices for addressing these is critical in the effort to minimize litigation risk and avoid other potential harm to employers. Should you have any questions regarding the above, please contact the Garfunkel Wild attorney with whom you regularly work, or contact us at [email protected].
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