News & Analysis as of

Telecommuting Reasonable Accommodation Remote Working

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

Parker Poe Adams & Bernstein LLP

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

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

Bricker Graydon LLP

Is it Essential I Come Back to My Cubicle? Maybe.

Bricker Graydon LLP on

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

Parker Poe Adams & Bernstein LLP

How Employers Can Navigate Return to Office as Workers Seek Remote Accommodations

Over the past two years, we have received an increasing number of inquiries from clients regarding their return to the office policies. While some workers object to the end of remote work due to lifestyle preferences, others...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

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

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

Foley & Lardner LLP

Remote Work Considerations In A Post-Pandemic World

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The federal government recently announced the end of the COVID-19 public health emergency, and the three-year pandemic finally appears to be in our rearview mirror. Originally published in Law360 - June 1, 2023....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

FordHarrison

The Post-Pandemic Era of “Flexibility Fatigue” and ADA Implications: What Employers Need to Know When Making the Shift Back to the...

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Introduction - COVID-19 completely changed the way we grocery shop, the way we attend doctor’s appointments, and the way we work. Specifically, COVID-19 created a new era of remote work for both employers and employees....more

Morgan Lewis - Tech & Sourcing

Remote Work Employment Issues: A Conversation with David McManus and Emily DeSmedt

As part of our Spotlight series, we welcome David McManus, a partner in our New York office and the deputy leader of Morgan Lewis’s labor and employment practice, and Emily DeSmedt, a partner in our Princeton office, who...more

Obermayer Rebmann Maxwell & Hippel LLP

Working from Home: A Reasonable Accommodation in a COVID-19 World

As noted in last week’s HR Legalist, as places of business are re-opening this Fall, employers should expect requests to continue working remotely, as working from home has become the new norm. Employers are not necessarily...more

McAfee & Taft

Tenth Circuit refuses to second-guess employer’s judgment in ADA accommodation case

McAfee & Taft on

The ongoing pandemic has made telework much more common for many workplaces. As we begin to return to normalcy, employees may question whether they need to be physically present at work when telework has proven to be...more

Constangy, Brooks, Smith & Prophete, LLP

Calling All Teleworkers: Back To The office!

Here are some suggestions for making it painless. Although the Director of the Centers for Disease Control and Prevention has a feeling of "impending doom" about COVID-19, many employers are ready to get back to normal. ...more

McDermott Will & Emery

Employer Considerations for Remote and In-Person Workers as the School Year Commences

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With the school year underway, employers in the United States face a new challenge: childcare-related leave and accommodation requests by employees. With widespread remote learning and evolving legal obligations to provide...more

McDermott Will & Emery

Return to Work Childcare Considerations for Remote & In-Person Workers

McDermott Will & Emery on

As students begin a new school year, employers in the United States face a new challenge–childcare-related leave and accommodation requests by employees. With widespread remote learning and evolving legal obligations to...more

Seyfarth Shaw LLP

Pandemic Telework Does Not Create Presumptive Right to Telework Post-Pandemic According to EEOC

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Seyfarth Synopsis: With telework seeming like the new normal for many, employers and employees have been wondering whether pandemic telework will be seen as creating a presumptive right to post-pandemic telework as a...more

Goulston & Storrs PC

Classes Resuming Have Ripple Effect on Businesses and Working Parents

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For many working parents, Labor Day typically marks the end of the footloose and fancy-free days of summer. Kids return to school, extracurricular activities and sports practices commence, and we resume our hectic, yet...more

Fisher Phillips

August 2020: The Top 17 Labor And Employment Law Stories

Fisher Phillips on

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

Jaburg Wilk

JAN Speaks, and We Should Listen . . . Sorry, Marcia.

Jaburg Wilk on

The COVID pandemic has created unprecedented change in our lives and the workplace is no exception. Employers have had to scramble to meet accommodation requests in an unsure and novel environment. One of my favorite...more

Littler

Navigating Natural Disasters During a Pandemic – Key Considerations for Your Workforce

Littler on

In the midst of raging wildfires in Northern California and the aftermath of hurricanes Laura and Marco in the Gulf states, many employers are wondering how to respond and what happens next, particularly where employers have...more

Bradley Arant Boult Cummings LLP

More Back to Work Thoughts: DOL Provides Tips on Accommodations Due to COVID-19

As the country moves closer to fully opening businesses, the Department of Labor wants to remind all employers that their obligations under the Americans with Disabilities Act are still in place for workers with disabilities....more

Gould + Ratner LLP

Step 2 (cont.): Mental Health

Gould + Ratner LLP on

Employees must feel well to do their jobs well. Since March, one of my amazing partners has reminded me: “On the plane, they tell you to put your mask on first before assisting others.” The same premise can be applied on the...more

Jackson Lewis P.C.

Class Action Trends Report Summer 2020

Jackson Lewis P.C. on

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

Seyfarth Shaw LLP

Blog Series – Managing a Future Tele-Workforce

Seyfarth Shaw LLP on

Seyfarth Synopsis: In part one of a series concerning managing the future tele-workforce, below are some tips to navigate reasonable accommodation requests and monitor the performance of employees who will likely be working...more

Cozen O'Connor

COVID-19 FAQs For California Employers

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We have prepared the following FAQ to guide California employers with respect to their workplace policies and their response to the orders and laws that have been passed at the federal, state and local level to contend with...more

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