News & Analysis as of

Telecommuting Employer Liability Issues

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

Ius Laboris

Last call for European cross-border telework 

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On 1 January 2024 the EU Framework Agreement on cross-border telework finally entered into force in Italy....more

DirectEmployers Association

OFCCP Week In Review: February 2024 #4

Tuesday, February 20, 2024: Telecommuting Decreased in 2022, But Still Far Above Pre-Pandemic Numbers, U.S. Census Bureau Reported - Among U.S. workers, 15.2 percent worked from home in 2022, down from almost 17.9 percent...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

Littler

With the New Year, Puerto Rico Enacts New Legislation Facilitating Remote Work and Providing Exemption to Airlines Opening...

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In the summer of 2022, Puerto Rico enacted Act 52-2022, which amended the concept of “engaged in trade or business” under the Puerto Rico Internal Revenue Code of 2011 to address the pandemic-related issue of employees...more

Cranfill Sumner LLP

2023 Labor/Employment Law Predictions – How Did I Do?

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In January 2023, I wrote a piece on my predictions for what we might expect in the labor/employment law world in 2023. As 2023 draws to a close, let’s see how I did....more

Littler

Dear Littler: Do I really need to reimburse my remote employee’s phone bill, internet, and home office equipment?

Littler on

We are a small company based in Milwaukee, Wisconsin that allowed some of our employees to work remotely during the pandemic. When we recently announced our plans to call employees back to home base in Milwaukee, we received...more

Ius Laboris

Bringing employees back to the office

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Remote work has proliferated since the pandemic, but now some companies are trying to bring their employees back to the office. What steps might employers need to take? Here we present insights from 18 jurisdictions....more

Littler

Ontario, Canada: Amending Regulation Supports Bill 79’s Changes to ESA’s Mass Termination Provisions

Littler on

On November 25, 2023, O. Reg. 340/23: TERMINATION AND SEVERANCE OF EMPLOYMENT made under the Employment Standards Act, 2000 (ESA) (Regulation), amending O. Reg. 288/01 (Termination and Severance of Employment), was published...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

CDF Labor Law LLP

CDF Wage and Hour Task Force – Monthly Tips - Recent Developments Raise Questions About Post-Pandemic Voluntary Work-From-Home...

CDF Labor Law LLP on

Recent developments raise questions about post-pandemic voluntary work-from-home agreements and reimbursements for work-at-home expenses. This is our monthly blog providing California employers with wage and hour compliance...more

Epstein Becker & Green

California Court of Appeal Holds That Unexpected Work Expenses May Be Reimbursable

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The California Court of Appeal for the First Appellate District recently issued its opinion regarding business-related expenses in Thai v. International Business Machines Corporation. The Court found that expenses incurred by...more

Troutman Pepper

Requests for Remote Work Accommodations Require Individualized Assessments

Troutman Pepper on

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

Ius Laboris

Telework from abroad: tax consequences for employers?

Ius Laboris on

As employers face growing calls to allow employees to ‘work from anywhere’, they should also consider the possible tax consequences of inadvertently creating a permanent establishment in another country. But what counts as...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on … California Workplace Poster Requirements and Their Application to Remote Employees

Epstein Becker & Green on

Handbooks are developed to outline policies and procedures employees must abide by in the workplace.  But a handbook serves a dual, equally important purpose:  to act as an operable defense against workplace claims brought by...more

Seyfarth Shaw LLP

Employers May Be Liable For Work-From-Home Expenses

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Seyfarth Synopsis: The California Court of Appeal found an employer liable under Labor Code section 2802 for employee work-from-home operating expenses, despite Governor Gavin Newsom’s 2020 stay-at-home order, which precluded...more

Stradling Yocca Carlson & Rauth

You're Going to Have to Pay for That: Court Clarifies Employers’ Obligations to Reimburse Remote Employee Expenses

During the pandemic, when all non-essential workers were required to work remotely, several questions arose about who should pay for the work-from-home expenses. Earlier this month, the California Court of Appeal determined...more

Thomas Fox - Compliance Evangelist

Miranda Zolot on the Distributed Workforce

As companies across the globe look to expand their workforce, many are turning to a distributed model of remote work. This model has become even more popular due to the pandemic, and many companies are now more comfortable...more

Littler

Tips on Physical Reverification of Virtually Verified Remote Employees

Littler on

As was previously reported, employers have until August 30, 2023, to conduct in-person physical verification of identity and employment eligibility documentation for all employees who were onboarded using remote virtual...more

Ballard Spahr LLP

­­­­Nevada enacts amendments allowing collection agency employees to work from remote locations

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The Nevada Legislature recently passed Senate Bill 276 (“SB 276”), which permits employees of Collection Agencies to work from remote locations and exempts certain entities from qualifying as a “Collection Agency.”  The...more

Ius Laboris

Teleworking in the EU: new Framework Agreement on the way

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Covid-era measures on cross-border remote work within the EU are set to expire. As the deadline approaches, a number of EU member states have committed to a new Framework Agreement, which seeks to clarify the rules that...more

Troutman Pepper

Water Cooler Talk: Quiet Quitting Insights From 'Seinfeld'

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George Costanza, a character from the classic sitcom "Seinfeld," is the original "quiet quitter," a term used for employees who do the bare minimum at work. Hear from the master himself... Originally published in Law360 -...more

Littler

México Publica Norma Oficial Mexicana NOM-037-STPS-2023: Teletrabajo-Condiciones de Seguridad y Salud en el Trabajo

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El 08 de junio de 2023, la Secretaría de Trabajo y Previsión Social publicó en el Diario Oficial de la Federación la Norma Oficial Mexicana NOM-037-STPS-2023 Teletrabajo-Condiciones de Seguridad y Salud en el Trabajo...more

Littler

Mexico Publishes New Standard for Telework Safety and Health Conditions

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On June 8, 2023, the Ministry of Labor and Social Welfare published the Official Mexican Standard NOM-037-STPS-2023 Telework-Safety and Health Conditions at Work (“NOM-037” or "Standard") in the Official Gazette of the...more

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