Work-From-Home Policies: Avoiding Employment Claims Under the ADA, FMLA, FLSA, and More
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Employment and Workers Comp
- event Date
Wednesday, January 25, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide employment counsel on alternative work arrangements, such as allowing employees to work remotely. The panel will discuss issues that may arise under the COVID-19 pandemic related guidelines, FMLA, FLSA, and ADA, and how employers can structure alternative work policies to minimize potential discrimination claims.
Ms. Shea has more than 20 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act), the Genetic Information Non-Discrimination Act, the Equal Pay Act, and the Family and Medical Leave Act; and class and collective actions under the Fair Labor Standards Act and state wage-hour laws; defense of audits by the Office of Federal Contract Compliance Programs; and labor relations. She conducts training for human resources professionals, management, and employees on a wide variety of topics. She is Editor in Chief of the Firm's blog Employment & Labor Insider.
Ms. Lawler counsels and defends employers on various labor and employment matters, including discrimination, harassment, retaliation, wrongful termination, pay equity, and wage and hour violations. A significant portion of her practice focuses on complex wage and hour class, collective, and PAGA actions. She has litigated single-plaintiff and class action cases in state and federal courts and arbitration forums. Her practice also includes conducting compliance audits and neutral workplace investigations.
As the COVID-19 pandemic continues to evolve, employers and employees have changed their expectations with respect to working from home. Work-from-home arrangements can be an effective means to attract and retain talent. Effective work-from-home policies allow companies to provide flexibility and support to employees while maintaining productivity and meeting other work requirements. Offering this benefit, however, can also create headaches and legal risks for employers, especially as we transition out of the pandemic.
Regardless of whether an employee is physically present in the office each day, employers must still ensure compliance with all the employment laws applicable to their workforce. Some laws, such as the ADA, may require employers to provide a work-from-home opportunity for individual employees, while laws like the FLSA and FMLA become even harder to navigate with remote employees.
Listen as our panel of experienced practitioners discusses alternative work arrangements and the legal risks that come with them. Our panel will provide guidance on how to structure policies and train management on how to handle remote workers to avoid discrimination claims.
- Types of alternative work arrangements
- Considerations under the ADA, FMLA, FLSA, and workers' compensation
- Drafting work-from-home policies
- Best practices
The panel will review these and other relevant topics:
- What are common types of alternative work arrangements?
- What types of legal risks are associated with alternative work arrangements?
- How can employers structure work-from-home policies to mitigate the chances a discrimination claim will be filed?
- How do the COVID-19 pandemic related guidelines impact the legal risks associated with alternative work arrangements at this stage of the pandemic?
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