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Telecommuting › Employment Litigation

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

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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

Parker Poe Adams & Bernstein LLP

Fourth Circuit Upholds Employer's Denial of Remote Work During Pandemic

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During the COVID-19 pandemic and afterwards, employers have faced a growing number of requests for remote work arrangements based on a medical disability. The Americans with Disabilities Act requires employers to grant...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

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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

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

Ius Laboris

Back to the office: ending a telework agreement

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A German court has considered the requirements for an employer to terminate a telework agreement. In the wake of the pandemic, many companies have had their employees working from home or allowed them to work remotely....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Weighs in for the First Time Since COVID-19 as to When Remote Work Can Be Reasonable Accommodation

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Fifth Circuit precedent recognizes the “general consensus among courts” that regular, in-person work is an essential function of most jobs. Yet the continued viability of this premise has been in question, given the ability...more

Littler

The Littler Annual Employer Survey Report - May 2023

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Executive Summary - Widespread economic uncertainty. Evolving workforce expectations. Accelerating use of artificial intelligence (AI). A shifting patchwork of local, state and federal regulations. Numerous headwinds...more

Stikeman Elliott LLP

An Accident While Working From Home Can Still Cause an Occupational Injury

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Since the beginning of the pandemic caused by COVID-19, remote work has become the norm for many companies. However, even when work is performed at the worker's home, the worker can still file a claim with Quebec’s workers’...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Tenth Circuit Upholds Employer’s Decision to Deny Telework Accommodation Request Under Rehabilitation Act

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On September 15, 2021, the Tenth Circuit Court of Appeals upheld a district court’s grant of summary judgment in favor of an employer. In Brown v. Austin, the Tenth Circuit found that an employee’s telework, weekend work, and...more

Fisher Phillips

December 2020: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Jackson Lewis P.C.

Class Action Trends Report Summer 2020

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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

Epstein Becker & Green

“Employees Won’t Sue Over Alleged Wage-Hour Violations Occurring During the COVID-19 Crisis!” – and Six Other Myths

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Let me be the millionth person to say that we are living in unprecedented times. Well, unless you count the Spanish Flu, which few of us probably dealt with as that was more than a century ago....more

Nilan Johnson Lewis PA

Employers: How to Avoid ADA Litigation in the COVID-19 Era

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The COVID-19 pandemic and related “stay-at-home” orders have required changes to employers’ everyday practices, impacting nearly all aspects of operations. Employers have worked hard to meet the demand for rapid flexibility...more

Cozen O'Connor

Employment Law Now IV-64- The Great Debate Part 1: Employee Lawyer vs. Employer Lawyer

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This is Part 1 of a 2-Part episode that pits an employee-side (plaintiff) lawyer against an employer-side (defendant) lawyer to debate various HR and employment law issues, including such questions as the future of at-will...more

Womble Bond Dickinson

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

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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

Jackson Lewis P.C.

You Can’t Go Home Again: Employee’s Telework Accommodation Unreasonable, Seventh Circuit Rules

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The Department of Housing and Urban Development (“HUD”) did not fail to accommodate a disabled lawyer by rejecting her request to work from home and offering alternative accommodations instead, the Seventh Circuit ruled in...more

Foley & Lardner LLP

There’s No Place Like Home – But Is That a Reasonable Accommodation?

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A pending federal appeals court case is the latest to highlight the challenges employers face when considering accommodation requests from an employee with a medical condition. As we have written before, leave and...more

Parker Poe Adams & Bernstein LLP

Employers Can Modify or Revoke ADA Accommodations if Underlying Job Duties Change

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In his classic 1998 business book “Who Moved my Cheese?,” Spencer Johnson discussed the need for businesses and employees to focus on the need to adapt to changes in their industries. In our practice, we frequently see claims...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Is Telecommuting a Reasonable Accommodation in Ohio?

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In the recently issued decision in McDaniel v. Wilkie, the U.S. District Court for the Northern District of Ohio considered whether telecommuting constitutes a reasonable accommodation under the Americans with Disabilities...more

Fox Rothschild LLP

Out-Of-State Telecommuters May Be Covered By New Jersey Employment Laws

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Employees who telecommute to work for a New Jersey employer from out-of-state may be covered under the New Jersey Law Against Discrimination, a recent New Jersey appellate decision suggests. In its April 2, 2018 decision...more

Seyfarth Shaw LLP

New Jersey Court Expands Coverage: New Jersey Law Against Discrimination May Apply to Telecommuter Located in Massachusetts

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Seyfarth Synopsis: On April 2, 2018, the New Jersey Appellate Division reversed an order granting summary judgment to Defendant Legal Cost Control, Inc., finding that New Jersey’s Law Against Discrimination (LAD) may apply to...more

Parker Poe Adams & Bernstein LLP

Telecommuting Deemed Reasonable Accommodation for In-House Attorney

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As technology changes, courts have increasingly accepted disabled employees’ arguments that they can remotely perform the essential functions of their jobs. Therefore, telecommuting may be recognized as a form of required...more

Seyfarth Shaw LLP

“A Telecommute Dispute” – What Is A Reasonable Accommodation Under The ADA?

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Seyfarth Synopsis: The Sixth Circuit Court of Appeals recently held that telecommuting can be a reasonable accommodation under the ADA when the employee is able to perform the essential functions of the position remotely and...more

FordHarrison

Sixth Circuit Holds Telecommuting May Be Reasonable Accommodation

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On February 21, 2018, the Sixth Circuit Court of Appeals held an attorney could perform the essential functions of her job while working remotely for a ten-week period. As a result, when the employer refused to permit the...more

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