Work-From-Home Policies: Avoiding Employment Claims Under the ADA, FMLA, FLSA, and More

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.

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.