This document summarizes a presentation on the legal risks and solutions related to telecommuting. Some key points include:
- Telecommuting arrangements can present wage and hour, safety, insurance, and confidentiality issues that employers need to address through policies. Employers are responsible for ensuring non-exempt employees are paid for all hours worked.
- Employers generally are not liable for home office safety but should take steps to ensure a safe workspace and cover injuries under workers' compensation. Insurance policies may need to be reviewed.
- Confidentiality must be maintained when employees work remotely. Employers should have bring your own device policies addressing monitoring, access, and data ownership.
- Multiple state laws may
The document summarizes legal issues related to telecommuting arrangements. It discusses wage and hour laws, safety requirements, posting requirements, and confidentiality concerns. Employers must ensure telecommuting employees accurately track their hours worked, create a safe designated work area at home, make workplace posters accessible remotely, and implement policies around bring-your-own devices and data security when work is done off-site. The document provides strategies for employers to address these legal issues when offering telecommuting options to employees.
“The Ghomeshi Scenario”: Responding to Allegations of HarassmentRudner Law
The document summarizes best practices for responding to and investigating allegations of harassment in the workplace. It discusses the importance of acting promptly, conducting thorough and unbiased investigations, allowing respondents to respond to allegations, maintaining confidentiality when possible, documenting the process, and taking appropriate action based on findings to avoid legal and reputational risks. Key steps include notifying respondents, considering interim measures, obtaining information from complainants and witnesses, preparing thorough reports with conclusions, and advising all parties of outcomes.
This document provides an overview of an HR checklist from Rudner MacDonald that outlines why companies should conduct regular HR checkups and reviews of their core HR documents and employment agreements. It recommends that companies ensure they have policies and procedures in place that comply with applicable laws, provide flexibility and protection, and are tailored to the organization. It also recommends having all employees sign employment agreements that address key terms like duties, compensation, confidentiality, and restrictive covenants. The checklist is intended to help companies minimize liability and have terms in place that allow them to operate efficiently.
Just Cause: Not Necessarily a Lost CauseRudner Law
The document summarizes a presentation on just cause for dismissal given at an HR conference. It discusses the types of dismissals, what constitutes just cause, contextual factors considered, off-duty conduct, performance issues, policy breaches, threats and violence. Examples of cases where dismissals were and were not found to be for just cause are provided. The importance of proper investigations and well-drafted employment agreements and termination clauses to avoid wrongful dismissal claims are emphasized.
Tips for managing employee use of social media at work, and how to develop a solid workplace policy on this usage to pre-empt complicated modern work situations.
The document summarizes legal issues related to telecommuting arrangements. It discusses wage and hour laws, safety requirements, posting requirements, and confidentiality concerns. Employers must ensure telecommuting employees accurately track their hours worked, create a safe designated work area at home, make workplace posters accessible remotely, and implement policies around bring-your-own devices and data security when work is done off-site. The document provides strategies for employers to address these legal issues when offering telecommuting options to employees.
“The Ghomeshi Scenario”: Responding to Allegations of HarassmentRudner Law
The document summarizes best practices for responding to and investigating allegations of harassment in the workplace. It discusses the importance of acting promptly, conducting thorough and unbiased investigations, allowing respondents to respond to allegations, maintaining confidentiality when possible, documenting the process, and taking appropriate action based on findings to avoid legal and reputational risks. Key steps include notifying respondents, considering interim measures, obtaining information from complainants and witnesses, preparing thorough reports with conclusions, and advising all parties of outcomes.
This document provides an overview of an HR checklist from Rudner MacDonald that outlines why companies should conduct regular HR checkups and reviews of their core HR documents and employment agreements. It recommends that companies ensure they have policies and procedures in place that comply with applicable laws, provide flexibility and protection, and are tailored to the organization. It also recommends having all employees sign employment agreements that address key terms like duties, compensation, confidentiality, and restrictive covenants. The checklist is intended to help companies minimize liability and have terms in place that allow them to operate efficiently.
Just Cause: Not Necessarily a Lost CauseRudner Law
The document summarizes a presentation on just cause for dismissal given at an HR conference. It discusses the types of dismissals, what constitutes just cause, contextual factors considered, off-duty conduct, performance issues, policy breaches, threats and violence. Examples of cases where dismissals were and were not found to be for just cause are provided. The importance of proper investigations and well-drafted employment agreements and termination clauses to avoid wrongful dismissal claims are emphasized.
Tips for managing employee use of social media at work, and how to develop a solid workplace policy on this usage to pre-empt complicated modern work situations.
This document summarizes best practices for hiring and firing employees. It discusses conducting background checks on social media and online, mitigating risks in the hiring process, accommodation requirements under accessibility laws, using employment agreements properly, assessing notice periods for dismissals without cause, performance management processes for potential dismissals with cause, investigating misconduct claims fairly, and avoiding human rights violations. Key recommendations include having consistent hiring protocols, filtering out inappropriate applicant information, logging hiring decisions, providing accommodation as required, and ensuring investigations are objective with opportunities for employee response.
The document summarizes key employment law updates from a presentation given in January 2014. It discusses several court cases related to human rights, reasonable notice of termination, just cause for dismissal, and temporary layoffs. Specifically, it highlights an employee who was reinstated and awarded damages 9 years after wrongful termination, an employer's duty to accommodate family status, factors affecting reasonable notice periods, the obligation of employees to mitigate damages, and cases related to dismissing employees for cause for inappropriate or dangerous workplace conduct.
Stuart E. Rudner presents on employment law topics from hiring to firing. He discusses common myths, calculating notice and severance pay, using social media in hiring, accommodation obligations, drafting employment agreements including termination clauses, dismissing with or without cause, performance issues, off-duty conduct, the importance of investigations, and human rights claims. He emphasizes properly investigating allegations of misconduct before discipline or termination and the contextual approach to assessing just cause.
The document summarizes recent developments in Canadian employment law across several topics:
1) Family status obligations have been recognized more broadly to include childcare needs, requiring employers to accommodate employees' scheduling requests.
2) An employee was reinstated with 9 years of back pay after developing anxiety from a stressful job where the employer failed to accommodate.
3) An employee was awarded damages under the human rights code in a wrongful dismissal case where their medical issues were a factor in termination.
4) Courts have affirmed employees have a duty to participate in the accommodation process and cannot abandon it by resigning.
Termination clauses are important to include in employment contracts to control costs and avoid uncertainty, but they can be difficult to enforce. Recent case law shows that courts will only enforce termination clauses that are clear, unambiguous, and do not attempt to contract out of common law or statutory entitlements. To get the clauses right, they must be entered into with consideration at the start of employment, explain what entitlements employees are waiving, and not leave any room for ambiguity about pay and benefits on dismissal.
The document discusses absence or leave as a reasonable accommodation under the Americans with Disabilities Act (ADA). It provides an overview of the ADA and what constitutes a disability and a qualified individual. It discusses requests for accommodation and the employer's obligation to engage in an interactive process. It addresses various types of accommodations including leave, modified schedules, working from home, and best practices for employers.
Strategic HR: Maximizing Rights & Minimizing LiabilityRudner Law
This document summarizes a presentation on strategic HR and minimizing legal liability. It discusses using employment agreements properly, the different types of dismissals and entitlements, human rights considerations in hiring, accommodation obligations, and implementing effective policies. Key topics covered include using employment agreements before problems arise, the factors for determining common law notice of dismissal, options for dismissal without cause, and the duty to accommodate employees with disabilities.
Ethical decision making-technology and privacy in the workplaceAnnalyn Peña
This document discusses ethical issues related to technology, privacy, and monitoring in the workplace. It begins by defining privacy as the right to be left alone and control information about oneself. New technologies allow employers to gather more employee data, raising privacy concerns. While monitoring can benefit work performance, it may also make employees feel suspicious or constrained if not implemented carefully. The document examines ethical justifications for privacy and outlines elements needed for an ethical monitoring program, such as only collecting job-related data, notice, and prohibiting discrimination based on personal activities. Overall, it argues that both business needs and individual privacy must be balanced as technologies continue enabling new forms of information collection.
Employees have basic rights in the workplace including privacy, fair compensation, and freedom from discrimination. Applicants cannot be discriminated against based on attributes like age, gender, race, or religion. Employers cannot access an individual's credit, medical, or background information without permission. Employees are protected from harassment and have rights to a safe workplace, fair wages, and freedom from retaliation. Privacy rights around personal information, email, internet usage, communications, and medical records are balanced with employers' interests but regulated by laws like HIPAA. Individuals with disabilities are protected from discrimination under acts like the ADA.
The document provides an overview of employment law and at-will employment. It discusses what employment law encompasses, including laws around hiring, termination, wages/benefits, discrimination, and privacy. At-will employment allows employers or employees to terminate the work relationship at any time for any non-discriminatory reason. The document then examines some key employment law concepts like discrimination, fair pay, and privacy in more detail.
This document discusses agency relationships and how they are formed, the duties of agents and principals, and how liability is determined. It defines the key differences between employees and independent contractors. An agency is formed by consent between a principal and agent and can be terminated by the acts of the parties or by operation of law. A principal is generally liable for authorized acts of an agent but not unauthorized acts. An employer may be liable for torts of an employee acting within the scope of employment.
The document provides an overview of employment law topics presented by Stuart E. Rudner at a Next Steps Employment Centre event. It discusses common myths about employment law, calculating notice and severance pay, the legal cornerstones of employment standards legislation, common law, contracts and policies. It also covers hiring processes, human rights considerations, accommodation, policies, investigations and terminations.
AICPA The State of the Union of Forensic Accounting From Both Sides of the 49...Rudner Law
This document summarizes a conference on forensic accounting that covered topics including computer forensics, current fraud schemes, Canadian employment law, and evaluating forensic accountants as expert witnesses. The conference included speakers from both the United States and Canada and discussed issues relevant to forensic accounting practices in both countries. Specific topics included analyzing file metadata and attributes in fraud investigations, common international fraud schemes involving multiple jurisdictions, Canadian law around dismissing employees and conducting misconduct investigations, and strategies for withstanding cross-examination of a forensic accountant serving as an expert witness. Contact information was provided for several of the speaker attorneys and forensic accounting professionals.
This document provides a summary of the Family and Medical Leave Act (FMLA) including:
- Employers with 50 or more employees are covered by the FMLA
- Eligible employees are those who have worked for their employer for 12 months and 1,250 hours in the last year
- The FMLA provides up to 12 weeks of unpaid, job-protected leave per year for qualified medical and family reasons
- Employers can require employees to substitute accrued paid leave for unpaid FMLA leave.
Chapter 13 Employee Rights and DisciplineRayman Soe
This document discusses employee rights and privacy in the workplace. It covers topics such as employment-at-will, exceptions to at-will employment like public policy violations, implied contracts and implied covenants. It also discusses privacy issues for employees such as substance abuse testing, searches, surveillance, access to personnel files and discipline policies. The objectives are to explain employee rights and employer responsibilities, exceptions to at-will employment, privacy rights and how to establish disciplinary policies.
Courts and government agencies have been busy this year in the area of employment law. This presentation addresses the key new developments and cases from the last year and covers a wide variety of topics to keep you up-to-date on what is new in employment law and how to make sure your workplace is compliant.
Chapter 16 Employee Rights and DisciplineRayman Soe
1. The document discusses employee rights and discipline, including statutory rights, contractual rights, employment-at-will, and exceptions.
2. It covers due process and just cause for employee discipline or termination. Alternative dispute resolution methods are also discussed.
3. Employee privacy rights regarding records and monitoring are summarized. Access, correction of records, and restrictions on sharing information are addressed.
The document discusses various employment laws including the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Equal Pay Act (EPA), Employee Retirement Income Security Act (ERISA), Fair Credit Reporting Act (FCRA), and Consolidated Omnibus Budget Reconciliation Act (COBRA). It provides summaries of the key aspects of each law such as covered employers and employees, prohibited conduct, required protections, potential penalties for noncompliance, and compliance tips.
This document summarizes key legal issues related to flexible work arrangements, particularly telecommuting. It discusses wage and hour laws regarding paying non-exempt telecommuting employees for all hours worked. It also addresses safety issues, ensuring a safe work environment, and workers' compensation coverage for injuries that occur at home. The document recommends policies and agreements to address potential legal risks regarding travel time, posting employment notices, and maintaining confidentiality when employees work remotely.
The document discusses the changing nature of employment laws and the employment relationship over time. It notes that in the 19th century, employment laws favored employers and allowed long work hours and child labor with few protections for employees. However, as societies developed, laws changed to provide employees with rights like fair wages, safe working conditions, and protections against discrimination and unfair dismissal. The document examines factors like control, payment structures, equipment use, and work responsibilities that determine whether a relationship qualifies as employment. It outlines legal obligations employers have regarding taxes, workplace safety, observing employment laws, and complying with employment contracts.
This document summarizes best practices for hiring and firing employees. It discusses conducting background checks on social media and online, mitigating risks in the hiring process, accommodation requirements under accessibility laws, using employment agreements properly, assessing notice periods for dismissals without cause, performance management processes for potential dismissals with cause, investigating misconduct claims fairly, and avoiding human rights violations. Key recommendations include having consistent hiring protocols, filtering out inappropriate applicant information, logging hiring decisions, providing accommodation as required, and ensuring investigations are objective with opportunities for employee response.
The document summarizes key employment law updates from a presentation given in January 2014. It discusses several court cases related to human rights, reasonable notice of termination, just cause for dismissal, and temporary layoffs. Specifically, it highlights an employee who was reinstated and awarded damages 9 years after wrongful termination, an employer's duty to accommodate family status, factors affecting reasonable notice periods, the obligation of employees to mitigate damages, and cases related to dismissing employees for cause for inappropriate or dangerous workplace conduct.
Stuart E. Rudner presents on employment law topics from hiring to firing. He discusses common myths, calculating notice and severance pay, using social media in hiring, accommodation obligations, drafting employment agreements including termination clauses, dismissing with or without cause, performance issues, off-duty conduct, the importance of investigations, and human rights claims. He emphasizes properly investigating allegations of misconduct before discipline or termination and the contextual approach to assessing just cause.
The document summarizes recent developments in Canadian employment law across several topics:
1) Family status obligations have been recognized more broadly to include childcare needs, requiring employers to accommodate employees' scheduling requests.
2) An employee was reinstated with 9 years of back pay after developing anxiety from a stressful job where the employer failed to accommodate.
3) An employee was awarded damages under the human rights code in a wrongful dismissal case where their medical issues were a factor in termination.
4) Courts have affirmed employees have a duty to participate in the accommodation process and cannot abandon it by resigning.
Termination clauses are important to include in employment contracts to control costs and avoid uncertainty, but they can be difficult to enforce. Recent case law shows that courts will only enforce termination clauses that are clear, unambiguous, and do not attempt to contract out of common law or statutory entitlements. To get the clauses right, they must be entered into with consideration at the start of employment, explain what entitlements employees are waiving, and not leave any room for ambiguity about pay and benefits on dismissal.
The document discusses absence or leave as a reasonable accommodation under the Americans with Disabilities Act (ADA). It provides an overview of the ADA and what constitutes a disability and a qualified individual. It discusses requests for accommodation and the employer's obligation to engage in an interactive process. It addresses various types of accommodations including leave, modified schedules, working from home, and best practices for employers.
Strategic HR: Maximizing Rights & Minimizing LiabilityRudner Law
This document summarizes a presentation on strategic HR and minimizing legal liability. It discusses using employment agreements properly, the different types of dismissals and entitlements, human rights considerations in hiring, accommodation obligations, and implementing effective policies. Key topics covered include using employment agreements before problems arise, the factors for determining common law notice of dismissal, options for dismissal without cause, and the duty to accommodate employees with disabilities.
Ethical decision making-technology and privacy in the workplaceAnnalyn Peña
This document discusses ethical issues related to technology, privacy, and monitoring in the workplace. It begins by defining privacy as the right to be left alone and control information about oneself. New technologies allow employers to gather more employee data, raising privacy concerns. While monitoring can benefit work performance, it may also make employees feel suspicious or constrained if not implemented carefully. The document examines ethical justifications for privacy and outlines elements needed for an ethical monitoring program, such as only collecting job-related data, notice, and prohibiting discrimination based on personal activities. Overall, it argues that both business needs and individual privacy must be balanced as technologies continue enabling new forms of information collection.
Employees have basic rights in the workplace including privacy, fair compensation, and freedom from discrimination. Applicants cannot be discriminated against based on attributes like age, gender, race, or religion. Employers cannot access an individual's credit, medical, or background information without permission. Employees are protected from harassment and have rights to a safe workplace, fair wages, and freedom from retaliation. Privacy rights around personal information, email, internet usage, communications, and medical records are balanced with employers' interests but regulated by laws like HIPAA. Individuals with disabilities are protected from discrimination under acts like the ADA.
The document provides an overview of employment law and at-will employment. It discusses what employment law encompasses, including laws around hiring, termination, wages/benefits, discrimination, and privacy. At-will employment allows employers or employees to terminate the work relationship at any time for any non-discriminatory reason. The document then examines some key employment law concepts like discrimination, fair pay, and privacy in more detail.
This document discusses agency relationships and how they are formed, the duties of agents and principals, and how liability is determined. It defines the key differences between employees and independent contractors. An agency is formed by consent between a principal and agent and can be terminated by the acts of the parties or by operation of law. A principal is generally liable for authorized acts of an agent but not unauthorized acts. An employer may be liable for torts of an employee acting within the scope of employment.
The document provides an overview of employment law topics presented by Stuart E. Rudner at a Next Steps Employment Centre event. It discusses common myths about employment law, calculating notice and severance pay, the legal cornerstones of employment standards legislation, common law, contracts and policies. It also covers hiring processes, human rights considerations, accommodation, policies, investigations and terminations.
AICPA The State of the Union of Forensic Accounting From Both Sides of the 49...Rudner Law
This document summarizes a conference on forensic accounting that covered topics including computer forensics, current fraud schemes, Canadian employment law, and evaluating forensic accountants as expert witnesses. The conference included speakers from both the United States and Canada and discussed issues relevant to forensic accounting practices in both countries. Specific topics included analyzing file metadata and attributes in fraud investigations, common international fraud schemes involving multiple jurisdictions, Canadian law around dismissing employees and conducting misconduct investigations, and strategies for withstanding cross-examination of a forensic accountant serving as an expert witness. Contact information was provided for several of the speaker attorneys and forensic accounting professionals.
This document provides a summary of the Family and Medical Leave Act (FMLA) including:
- Employers with 50 or more employees are covered by the FMLA
- Eligible employees are those who have worked for their employer for 12 months and 1,250 hours in the last year
- The FMLA provides up to 12 weeks of unpaid, job-protected leave per year for qualified medical and family reasons
- Employers can require employees to substitute accrued paid leave for unpaid FMLA leave.
Chapter 13 Employee Rights and DisciplineRayman Soe
This document discusses employee rights and privacy in the workplace. It covers topics such as employment-at-will, exceptions to at-will employment like public policy violations, implied contracts and implied covenants. It also discusses privacy issues for employees such as substance abuse testing, searches, surveillance, access to personnel files and discipline policies. The objectives are to explain employee rights and employer responsibilities, exceptions to at-will employment, privacy rights and how to establish disciplinary policies.
Courts and government agencies have been busy this year in the area of employment law. This presentation addresses the key new developments and cases from the last year and covers a wide variety of topics to keep you up-to-date on what is new in employment law and how to make sure your workplace is compliant.
Chapter 16 Employee Rights and DisciplineRayman Soe
1. The document discusses employee rights and discipline, including statutory rights, contractual rights, employment-at-will, and exceptions.
2. It covers due process and just cause for employee discipline or termination. Alternative dispute resolution methods are also discussed.
3. Employee privacy rights regarding records and monitoring are summarized. Access, correction of records, and restrictions on sharing information are addressed.
The document discusses various employment laws including the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Equal Pay Act (EPA), Employee Retirement Income Security Act (ERISA), Fair Credit Reporting Act (FCRA), and Consolidated Omnibus Budget Reconciliation Act (COBRA). It provides summaries of the key aspects of each law such as covered employers and employees, prohibited conduct, required protections, potential penalties for noncompliance, and compliance tips.
This document summarizes key legal issues related to flexible work arrangements, particularly telecommuting. It discusses wage and hour laws regarding paying non-exempt telecommuting employees for all hours worked. It also addresses safety issues, ensuring a safe work environment, and workers' compensation coverage for injuries that occur at home. The document recommends policies and agreements to address potential legal risks regarding travel time, posting employment notices, and maintaining confidentiality when employees work remotely.
The document discusses the changing nature of employment laws and the employment relationship over time. It notes that in the 19th century, employment laws favored employers and allowed long work hours and child labor with few protections for employees. However, as societies developed, laws changed to provide employees with rights like fair wages, safe working conditions, and protections against discrimination and unfair dismissal. The document examines factors like control, payment structures, equipment use, and work responsibilities that determine whether a relationship qualifies as employment. It outlines legal obligations employers have regarding taxes, workplace safety, observing employment laws, and complying with employment contracts.
New Vaccination Rule: What Does it Mean for Employers with More Than 100 Empl...Parsons Behle & Latimer
This webinar discusses the new OSHA Emergency Temporary Standard (ETS) requiring employers with over 100 employees to implement mandatory vaccination policies or regular testing and masking. Key points include:
- The ETS takes effect November 5, 2021 and enforcement begins December 6, 2021.
- It applies to employers with 100+ employees but some employees may be excluded.
- Employers must establish and enforce a written vaccination policy or implement weekly testing and masking of unvaccinated employees. They must also provide paid time off for vaccination and recovery.
- Legal challenges have resulted in a stay of the enforcement by some courts while cases are reviewed. Employers are advised to prepare policies but wait for legal clarity.
The document summarizes key topics from a seminar on employment law, including:
1) Marijuana legalization and workplace policies on marijuana use, testing, and accommodating medical marijuana.
2) An overview of the current state of the COVID-19 pandemic and challenges of remote work, such as employee isolation, mental health, and new performance management systems.
3) Legal issues employers should consider regarding remote work, such as drafting remote work policies, ensuring compliance with exempt/non-exempt status, workplace safety for home offices, and multi-state tax and law compliance.
The document discusses different working practices used by organizations, including home working, remote working, and office-based working. It provides details on the advantages and disadvantages of home working for both employers and employees. It also presents a case study of the policies and procedures of the Financial Services Authority (FSA) regarding allowing employees to work from home.
The need for remote work and possible workforce reductions is becoming a reality for many employers, and there are important considerations. Employers are faced with responding to employee concerns and requests for leave, as well as evaluating temporary layoffs or closures.
In essence, all of this leaves us overwhelmed and confused about what we can and cannot do as employers.
Understanding the requirements around protected leaves, payment of wages, and employee separations, including how to best communicate with employees during these challenging times, is essential.
This 1-hour webinar explore strategies for managing an influx work environment. Receive guidance from Luke Reese of Garrett Hemann Roberson PC, around how your employment decisions may be impacted by the evolving federal and state regulations.
Curtailing excessive employment absenteeism Rolf Howard
This document discusses handling excessive employee absenteeism according to Australian labor law. It notes that the Fair Work Act protects employees from dismissal due to temporary illness and entitles them to 10 paid sick days per year. If unpaid sick leave is needed beyond three months, termination is possible but may be disputed. The document recommends employers implement procedures like addressing recurring absences, accurately recording them, and holding meetings to cover policies and encourage communication. Following labor laws and clear policies can help employers address absenteeism issues legally.
On April 25, 2013, Ward and Smith, P.A. held a Labor and Employment Seminar at the Crowne Plaza in Asheville, North Carolina. We are pleased to share the PowerPoint presentation from the event. The topics presented were: Criminal Background Checks, Wage and Hour Issues, Social Media, FMLA ADA and REDA Issues, Affordable Care Act, and Termination and Unemployment Claims
This document provides information about key California labor laws regarding wages and hours from several important court cases:
- Peabody v. Time Warner established that commissions must be paid at least semi-monthly and employees must earn at least minimum wage even in weeks paid only with base pay.
- Mendiola v. CPS Security ruled that "on-call" time constituted compensable work hours if the employer exercised significant control over employees.
- Brinker Restaurant Corporation v. Superior Court affirmed employers must provide meal and rest breaks and authorized breaks of at least 10 minutes for every 4 hours worked.
The document concludes with contact information for the California Department of Industrial Relations to answer questions about complying with wage
Employees Privacy Issues And Legal RightsSaad Mazhar
This document discusses employee privacy issues and legal rights in the workplace. It covers several topics:
- Employers have the right to monitor employee computer and phone use, install surveillance cameras, and conduct drug/alcohol testing, but policies should be clear and employees informed.
- Employees have rights to privacy of personal information and possessions. Employers cannot disclose personal details without permission.
- Laws like the Americans with Disabilities Act and Age Discrimination in Employment Act protect employees from certain types of discrimination. The Fair Labor Standards Act governs work hours and wages.
- The document also outlines health and safety regulations employers must follow to ensure clean, ventilated, hygienic work environments for employees.
This document provides an overview of key concepts in employment law, including:
- The tests used by courts to distinguish between employees and independent contractors, such as the control test and multiple factor test.
- The definitions and examples of unfair dismissal, constructive dismissal, and wrongful dismissal. For unfair dismissal, employees must prove they were dismissed for a discriminatory reason or the reason was unfair.
- The processes for claiming unfair dismissal through the Workplace Relations Commission and the potential remedies of reinstatement, re-engagement or compensation.
- The criteria for claiming constructive dismissal, which requires proving the employer's conduct was serious enough to resign, or wrongful dismissal, which involves dismissal without proper notice.
Editor’s Note: This document is intended to help employers communicate to employees about new policies, procedures and practices specific to their workplace. Every workplace will differ, and employers should edit the information to reflect the circumstances in their own workplace.
Employment Law Issues During Job SearchEnercare Inc.
Lior Samfiru and Peter Cicak of Samfiru Tumarkin LLP presented on employment law issues during the job search process. They discussed key topics such as employment contracts, working as an independent contractor, termination of employment, and wrongful dismissal lawsuits. Important clauses in employment contracts include termination provisions and restrictive covenants. While contracts usually benefit employers, employees should understand their rights and negotiate terms carefully. The distinction between employees and independent contractors depends on several factors like control and economic dependence. Employees have rights regarding termination with or without cause that may entitle them to notice or severance pay.
The document provides an overview of employment and labor law in Ireland regarding the termination of employment. It discusses:
1) Employers generally need a reason to lawfully terminate employment, with potential fair reasons including conduct, capability, redundancy, or other substantial grounds.
2) Additional notification and consultation obligations apply for large-scale ("collective") redundancies over certain thresholds.
3) Protections for employees also apply in the context of a business sale, such as under the European Acquired Rights Directive.
4) Minimum statutory notice periods are required, ranging from one to eight weeks depending on length of service.
This is a poem written by Robert Lee Frost, which is all about a joke for his friend Edward Shelby. The poem is all about the choices we make in life and the consequences that it brings in our life which makes all the difference.
Kris Tanner & Dan Ditto provide detailed information about recent HR updates and laws to help keep your business compliant in 2021.
As a co-employer, we're excited to help our clients continue to grow and achieve their business goals in 2021.
Top ten employment law tips scrase employment solicitors 180516Martin Augustus
From handling grievances to dealing with harassment, we will show you some of the traps employers can fall into and some simple ways to help you avoid them. This presentation is a must for newcomers to the HR profession and experienced HR practitioners alike. We will deal with the 10 issues we see coming up, time and time again.
The document discusses workplace safety laws and responsibilities in Queensland. It explains that the Work Health and Safety Act 2011 sets guidelines to protect workers from injury, illness, and death. Employers must provide a safe work environment, safety training, and equipment while employees must follow safety instructions and not endanger others. The document identifies several types of workplace hazards including physical, biological, and psychological dangers. It also discusses workers' compensation legislation which provides payments to workers injured on the job through premiums paid by employers to WorkCover.
This document discusses considerations for establishing a telecommuting program. It begins by defining telecommuting and noting that it is best suited for jobs requiring independent work and measurable output. It then discusses the prevalence of telecommuting and the pros and cons for both employees and employers. Potential legal compliance issues are also reviewed, including labor laws, intellectual property, and privacy. Guidelines for selecting ideal telecommuting candidates and effectively supervising remote employees are provided.
Similar to Telecommuting: Legal Risks and Solutions (20)
Microsoft provided many of the accommodations requested by an employee with Autism Spectrum Disorder, but rejected some that would have excused the employee from performing essential job functions as an Enterprise Architect. These essential functions included communicating ideas to clients, responding quickly to clients under dynamic conditions, and handling basic administrative tasks. When negotiations over alternative accommodations were unsuccessful, Microsoft placed the employee on job reassignment but the employee did not pursue other positions. The court concluded Microsoft did not fail to reasonably accommodate the employee.
Employee Life Cycle III: Termination Trepidation - Identifying and Avoiding t...Parsons Behle & Latimer
This presentation discusses best practices for employee discipline and termination to avoid legal risks. It emphasizes having clear job descriptions and policies, training employees on policies, consistently applying policies, and thoroughly documenting all communication and disciplinary actions. Case studies are presented to illustrate how failures to properly recognize disabilities, document issues, and focus on misconduct rather than protected characteristics can result in legal liability. The presentation stresses communicating expectations, intervening early, escalating discipline, and ensuring HR involvement in termination decisions.
The presentation discusses various human resources law issues that can arise during employment, including performance evaluations, leave, accommodations, workplace rules and culture, and discipline. It provides examples of proper and improper documentation for performance reviews and outlines a best practices roadmap for handling performance-based employee discharge. The presentation also examines case studies on the value of independent investigations, managing workplace conflict, and avoiding retaliation.
This document summarizes confidentiality issues arising under the Americans with Disabilities Act (ADA), Family Medical Leave Act (FMLA), and Health Insurance Portability and Accountability Act (HIPAA). It discusses HIPAA compliance obligations for employers, including the notice of privacy practices, appointing a privacy officer, training employees, and implementing safeguards for protected health information. It also reviews other laws protecting employee health information, such as the Genetic Information Nondiscrimination Act, Title VII, ADA, and FMLA. The presentation emphasizes the importance of properly handling and securing sensitive employee medical records.
This document summarizes the key aspects of the Corporate Transparency Act (CTA), which requires certain entities to report beneficial ownership information to the Financial Crimes Enforcement Network (FinCEN). It outlines what entities must report, the information that must be reported for each beneficial owner, exemptions, penalties for noncompliance, and restrictions on how FinCEN can disclose the beneficial ownership information. Reporting of beneficial ownership information to FinCEN will start on January 1, 2024 and must be completed by January 1, 2025. Entities must also continuously update their beneficial ownership reports within 30 days of any changes.
The Major Questions Doctrine: A Review of the Supreme Court Decision in West ...Parsons Behle & Latimer
The Supreme Court struck down the Obama-era Clean Power Plan under the Major Questions Doctrine. The Major Questions Doctrine applies when an agency asserts broad new authority over an important issue that Congress did not clearly delegate. The Court found EPA did not have clear congressional authorization to issue industry-wide emissions regulations under Section 111(d) of the Clean Air Act, as the CPP demanded major shifts in energy production beyond EPA's traditional authority. This decision raises questions about how the Major Questions Doctrine could impact administrative agencies and their interpretations of statutes in the future.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
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1. Utah County Employment Law Seminar
Wednesday, August 28, 2019
PA R S O N S B E H L E . C O MN AT I O N A L E X P E R T I S E . R E G I O N A L L AW F I R M .
Telecommuting: Legal Risks and Solutions
Christina M. Jepson
801.536.6820 | cjepson@parsonsbehle.com
2. 2
Why Offer Telecommuting
Sustainability/green policies (reduce driving)
Increased productivity (data supports)
Quiet office (assuming employee’s home is quiet!)
Improved job satisfaction and morale--choices
Increased energy and creativity
Reduced absenteeism
Reduced stress and burn out
Employer saves on real estate and office expenses
3. 3
Why Offer Telecommuting
Improved balance of work and family life
Recruitment and retention especially with more women and
younger people in the labor force
Many workers now consider work/life balance and flexibility
to be one of the most important factors in accepting or
keeping a job (second only to compensation)
4. 4
Why Not Offer Telecommuting
Too quiet (no one at work and no one at home)
Company culture—spending time together
Lack of communication and collaboration
Employees taking advantage of arrangements
Lack of supervision
Lack of face time
Lack of creativity
5. 5
Prevalence
A study of Work-Life Balance And The Economics Of
Workplace Flexibility released by the Council of Economic
Advisers in 2014 shows more than three-fourths of U.S.
employers allow at least some workers to periodically
change their starting and quitting times
Overall, 56 percent of full-time workers report having flexible
work hours, while only 47 percent of part-time workers do
22 percent of workers say they can do remote work
6. 6
Prevalence
2013 Pricewaterhouse Coopers Study
o 64% of Millennials would like to work from home at least
occasionally
o 66% of non-Millennials would like to sometimes change their work
hours
8. 8
Telecommuting Legal Issues: Wage and Hour
FLSA applies to all employees regardless of where they work
For non-exempt employees, employers are required to pay at least minimum
wage and overtime at a rate of one and a half times the regular rate of pay
for hours worked in excess of 40 in a given week (or 8 hours per day in
jurisdictions like California)
Employees are entitled to be paid for all hours they work regardless of
whether they work in an office or at home and regardless of any policy that
requires employer approval before working overtime
Telecommuters work on an honor system since they don’t punch a clock
Employers must emphasize the importance of timely and accurate
recordkeeping of hours worked
Non-exempt telecommuters are entitled to the same meal and rest period
as office employees, again on a honor system
9. 9
Telecommuting arrangements generally do not create
compliance issues for exempt employees because,
assuming they are properly classified, their compensation
is not linked to hours worked
Employers should be careful when crafting a telecommuting
arrangement that the agreement does not contain any terms
that could destroy the employee’s exempt status
Examples include terms requiring specific working hours or
limiting an exempt employee’s discretion in certain
decisions
Telecommuting Legal Issues: Wage and Hour
10. 10
Telecommuting Legal Issues: Wage and Hour
The FLSA does not define the term “work”
The DOL regulations address whether an employee is “on duty” or
“off duty”
o Employers may struggle to determine when a telecommuting employee is “on
duty”
What about periods of inactivity? The time is usually compensable
when it is 1) unpredictable; 2) is of short duration; and 3) the
employee cannot effectively use the time for his or her own purpose.
An employee is off duty when 1) the employee receives advance
notice that he can leave the job site; and 2) the employee receives
advance notice that he will not have to start work until a definite
specified time
11. 11
Telecommuting Legal Issues: Wage and Hour
General rule: it is the employer’s obligation to manage its
employees to ensure that they are not working
uncompensated hours
You should have policy, but the DOL has ruled that the mere
existence of a policy or rule that prohibits an employee
from working off the clock is insufficient to absolve the
employer of liability
Must treat the violation as a disciplinary/performance
issue
12. 12
Telecommuting Legal Issues: Wage and Hour
Measures that help control off the clock work:
o Having a policy prohibiting overtime or requiring authorization for
overtime can help but employers are liable if they know or should have
known that employee was working overtime
o Consistent enforcement and discipline for violators
o Time sheet certification by the employee
o Timesheet verification for accuracy by supervisor;
o communication of a policy with a prohibition and consequences
Signs of “off the clock work”
o Sending email or texts after hours
o Volume of work
o Statements from employee
13. 13
Telecommuting Legal Issues: Wage and Hour
Travel time – what is travel time when you work at home?
Traveling to your office (commuting) is not compensable
o Walking to your home office is not compensable – ordinary
commute
o Driving to Starbucks to work is probably not compensable
Traveling away from the office to work is compensable
o What if employee works from home but has to travel to a meeting
at another location
o What if employee works at home but has to come to the office
one morning
o Address these issues in your telecommuting agreement
14. 14
Telecommuting Legal Issues: Safety
OSHA requires employers to provide a safe work place,
free from hazards that could cause serious harm or injury.
However, the DOL has issued a policy statement declaring
that it will not hold companies responsible for the safety
of telecommuting employees’ home offices
o The DOL stated that it would not inspect employees’ homes but
that if it received a complaint it would refer the matter to the
employer for investigation and appropriate remedial action
o Note that the New York DOL has taken a slightly different position
and declared that employers in New York are responsible for
employee safety, even in a home office
15. 15
Telecommuting Legal Issues: Safety
Safety/Workers Compensation
o Employer must take reasonable steps to ensure safe home
working environment
o Dedicated workspace, agreement by employee to keep safe
o Prohibit meeting third parties at home if that is viable
o Accident reporting is same as if at worksite
16. 16
Telecommuting Legal Issues: Safety
From a worker’s compensation point of view, employers remain liable
for workers’ injuries even when the injury occurs in a home office, as long
as the injury arose in the “course and scope” of employment
Employers should check with their workers’ compensation carriers and
ensure that the carrier provides the same coverage for work-related injuries
at remote locations as it does for injuries sustained in the main office
Strategies to limit liability:
o Asking telecommuters to designate one room of their house as a home office
o Restricting the hours the telecommuter is allowed to work
o A signed acknowledgement from the employee that injuries which occur outside the
designated location, or outside the designated hours, will not be covered through
workers compensation
17. 17
Telecommuting Legal Issues: Insurance
Employer should review its existing insurance policies to be
certain it is adequately protected from any additional liability that
could result from telecommuting
The telecommuting agreement and policy should establish that
the employer is not liable for any injuries or damage to persons
or property sustained by family members or third parties, and that
all business meetings must be held at the employer’s work site
Employee should be encouraged to review their homeowner's
or renter’s insurance to determine if home office liabilities are
covered under the policy and should consider purchasing a rider
if they are not
18. 18
Telecommuting Legal Issues: Posters
State and federal laws require employers to post certain notices for
employees in a place employees tend to frequent such as break
rooms or common areas
o Examples: minimum wage posters, notices regarding unemployment and
disability insurance, and workers’ compensation notices
o The posting laws contain no exception for telecommuters
o Telecommuters who come into the office on a regular basis are presumed to
have had access to the posters but for those employees who work remote on an
extended basis should be made aware of the postings as they go up
o This can be done by an email announcing the new posting (and its location in
the office) and encouraging the employee to view it at his or her earliest
opportunity
19. 19
Telecommuting Legal Issues: Confidentiality
Confidentiality when employee works at home or remotely
o BYOD (Bring Your Own Device)—allow employees to use their
own phones, computers, and the like
o Tension between privacy and need for access
o Need a BYOD policy which addresses
• Monitoring by company
• Accessing by company
• Wiping/deleting by company in case of loss/theft/termination
• Use of drobox and the like
o Discovery of personal computers and devices if there is a legal
need to obtain documents
20. 20
Telecommuting Legal Issues: Confidentiality
BYOD Policy
o What devices are permitted for work use
o What support will be provided
o If employee does use personal devices, Company will have access
o Not using open wi-fi—who pays?
o Who owns what apps and what data
o What happens when employee exits
21. 21
Telecommuting Legal Issues: Confidentiality
Some jobs have extra concerns
o HIPAA documents
o Financial information
o Trade secret information
Are these addressed in the home environment?
22. 22
Telecommuting Legal Issues: Multiple states
Working in multiple states
o Tax issues
o Things can get tricky when, say, an employee who’s on the payroll
of a Utah Company works from his/her home in Idaho
o State laws are often very specific about such things as methods of
tax withholding, workers’ compensation coverage, unemployment
and the like
o Even zoning laws can come into play--some jurisdictions prohibit
home offices in certain areas
o You may have to withhold and pay taxes for both states
23. 23
Telecommuting Legal Issues: Multiple states
In general, employees are covered by the labor laws of the
state in which they perform work, regardless of where the
company’s offices are located
This means that an employer may have to learn a whole
new set of laws if it allows an employee living in a different
state to telecommute
For instance, an employer is located in Utah but the
employee works in California, the employer will have to
familiarize itself with both Utah and California law
24. 24
Telecommuting Legal Issues: Taxes
Tax laws regarding home office deductions for the employee
are complex and somewhat unclear
Employees should be encouraged to check with their own tax
consultant before assuming that the home office deduction will
be allowed, especially for those employees who have an office
available to them full-time at their employer’s location but are
working in a remote location for their own convenience
If applicable, Employers should clearly establish that they are
not responsible for the tax consequences associated with a
telecommuting arrangement and that the arrangement is being
requested by, and is for the benefit of, the employee
25. 25
Telecommuting Legal Issues: Terminating a Telecommuter
“Security will escort you out”
o It is one thing to change a password so the former employee can no
longer access the employer’s computer system, it is quite another to
gain access to an employee’s own computer hard drive to retrieve
work-related files saved there
o It may also be difficult to retrieve computers and other equipment
which has been provided to the telecommuting employee
o An employer has no legal right to enter an employee’s private
residence even if it is to retrieve company property
o The employer cannot hold an employee’s final paycheck “hostage”
pending return of all company-issued equipment
o These issues must be addressed by agreement and practical issues
must be considered in advance
26. 26
Legal Issues: Discrimination
Certain employees may claim that they were discriminated
against by not being allowed to telecommute
o Cannot assign or allow telecommuting based on protected
classification, ex. Steering only women toward telecommuting
Avoid discriminating against those who take advantage of
the polices—lack of promotions
27. 27
Legal Issues: Discrimination
Lack of consistency
o Leads to discrimination claims
Solution
o Written policy
o Legitimate, objective business standards
o How to request
o Impact on benefits
28. 28
Scenarios
Velez v. Novartis Pharmaceuticals, S.D. N.Y. 2010)—
class action alleging gender discrimination and pregnancy
discrimination. Plaintiffs alleged that while Novartis had
progressive written flex-time policies, the policies were not
followed. Those who used the policies had a “flexibility
stigma.” The jury agreed. Jury awarded $3 million in
compensatory damages to 12 women and $250 million in
punitive damages to the larger class.
29. 29
Legal Issues: ADA
Reasonable accommodate under ADA
o A physical or mental impairment that substantially limits one or more major life
activities
o Qualified individuals—able to perform the essential functions of the job with or
without a reasonable accommodation
o You will have to consider flexible working arrangements including telecommuting as
part of the interactive process
o If you allow telecommuting, this may create a precedent that flex work is reasonable
Solutions
o Carefully review all requests and all jobs
o Realize that if you allow it for one person, that job may become “fair game”
o Be clear what essential job functions must be done
30. 30
Legal Issues: ADA
The ADA requires reasonable accommodation of disabled employees
o Working from home may be such a reasonable accommodation
o For some jobs, the nature of the work may easily allow an employee to
telecommute. In other jobs the nature of the work necessitates customer, client
or face to face contact.
o Critical for employer to develop a job description that sets forth the essential
functions of the job which then steers the dialogue regarding whether
telecommuting is a feasible alternative.
o If attendance at work is not an essential function of the job and telecommuting is
a reasonable alternative, employers may be required to accommodate at-home
work with such items as ergonomic chairs, keyboards, etc.
Burden on employer to show accommodation was reasonable
31. 31
Legal Issues: ADA
EEOC guidance
o Employers aren’t required to have a telecommuting policy but
• If they have one, they must offer it to disabled employees
o Telecommuting may be a reasonable accommodation even if
the employer does not allow telecommuting generally
o Employers must engage in the interactive process
o Employers must look at a job’s essential functions
o Employees are not entitled to telecommute if there is another
workable accommodation
32. 32
Legal Issues: ADA
Is physical attendance at worksite an essential function of
the job?
o Written job description
o Amount of time spent performing the function
o Work experience of past or present employees in same or similar
position
• Have other employees worked from home
o Need for teamwork
• This is changing with technology
33. 33
Legal Issues: ADA
Considerations
o Some jobs cannot be performed off site—food servers, cashiers,
truck drivers
o Does the employee supervise others?
o Special knowledge or skills that others must have ready access to?
o Does the employee need to provide or receive on site training?
o Need for on site meetings?
o Need for equipment or material that cannot be taken off site?
• Heavy equipment, confidential information
o Likelihood of reduced productivity?
34. 34
Legal Issues: ADA
Pauling v. Gates (E.D. Va. May 6, 2011) – work at home
was not reasonable where the employer required
employees to access classified information only in the work
place
Humphrey v. Memorial Hospitals Assoc. (9th Cir. 2001) –
work at home might be reasonable for a medical
transcriptionist
35. 35
Legal Issues: ADA
Woodruff v. Peters (D.C. Cir. 2007) – held that working at
home could be a possible accommodation for a supervisor
who supervised a “self-directed” team
Valdez v. Brent McGill and Muller Supply Co., Inc. (10th
Cir. 2012) – work at home not reasonable for a warehouse
manager because he could not perform functions such as
inventory counts, interacting with customers, and
supervising staff
36. 36
Legal Issues: ADA
EEOC v. Ford Motor Company
o District Court (E.D. MI): granted summary judgment to Ford on
failure to accommodate and retaliation claims where employee
wanted to telecommute to accommodate irritable bowel syndrome
o 6th Circuit Panel: reversed (2-1)
• “Given the state of modern technology, it is no longer the case that jobs
suitable for telecommuting are ‘extraordinary’ or ‘unusual’”
o 6th Circuit En Banc: vacated panel decision, affirmed summary
judgment for Ford
• Most jobs require regular and predictable on-site attendance from virtually
all employees
37. 37
Legal Issues: ADA
EEOC v. Ford Motor Company
o Employee was a retail steel buyer who suffered from severe IBS
o Her job was to ensure steel supply for production-- highly
interactive
o Resale buyers would meet with suppliers at their sites and with
Ford stampers at Ford’s plant
o Some interactions occur by email and telephone
o Ford required resale buyers to work in the same building as
stampers so they can meet on a moment’s notice
38. 38
Legal Issues: ADA
EEOC v. Ford Motor Company
First supervisor adjusted schedule:
o Allowed two trial opportunities to telecommute on ad hoc basis
o Plaintiff worked four 10-hour days - telecommuted as needed
o Each trial lasted one to two months - neither succeeded
o “Unable to establish regular and consistent work hours” and failed “to perform
the core objectives of the job”
Supervisor also tried reporting tool (twice) specially designed to help
employees with medically based attendance issues - no improvement
2nd supervisor allowed Plaintiff to telecommute both during and after
core business hours but problems persisted
39. 39
Legal Issues: ADA
EEOC v. Ford Motor Company
Employee had excessive absence and tardiness
Absenteeism harmed colleagues:
o Teammates & supervisors had to pick up slack
o Absences caused resale-buyer team “stress and frustration”
o Compounded by Employee’s mistakes, suppliers were frustrated
Consistently rated low for performance
40. 40
Legal Issues: ADA
EEOC v. Ford Motor Company
Employee asked to telecommute up to 4 days/week in 2009:
o Doctor said this would reduce stress and lead to better attendance
Ford’s practice and policy limited telecommuting for resale buyers:
o In practice: at most, one set day per week
o Practice consistent with policy, allows telecommuting only for:
• Jobs that do not require "face-to-face contact”
• Individuals who were “strong performers’” with strong time-management skills
Employee admitted she could not perform 4 of 10 essential tasks
working from home
41. 41
Legal Issues: ADA
EEOC v. Ford Motor Company
Ford denied request because:
o Job required “regular interactions” with her team and contacts
o “The spontaneous flow and exchange of information, which is
critical to the group problem-solving component of her job, would
be compromised”
o “Concerns with her performance and because of the
unpredictability of the schedule she was seeking”
42. 42
Legal Issues: ADA
EEOC v. Ford Motor Company
Ford identified circumstances where telecommuting could
work: (1) Predictable schedule; (2) Strong-performing EE;
and (3) Consent to come to site as needed.
Ford offered:
o To help Employee find a new role
o To move her cubicle closer to the restroom
43. 43
Legal Issues: ADA
EEOC v. Ford Motor Company
Well-established general rule that regular attendance at
site is essential to most jobs
Essential functions generally based on employer’s
“judgment" and written job description
OK for most jobs to require regular, predictable on-site
attendance from all employees
44. 44
Legal Issues: ADA
EEOC v. Ford Motor Company
EEOC’s own regulations support general rule, despite
EEOC’s position in Ford
o An employer may refuse a telecommuting request when, among
other things, the job requires "face-to-face interaction and
coordination of work with other employees," "in-person interaction
with outside colleagues, clients, or customers," and "immediate
access to documents or other information located only in the
workplace”
45. 45
Legal Issues: ADA
EEOC v. Ford Motor Company
Why did Ford win?
o Patience—actions spanned multiple years
o Thoughtful analysis & action at each step
o Documented efforts and temporary nature of trial accommodations
o Three attempts to make it work
o Burden on/disruption to Employee’s co-workers existed and was documented
o Employee had a history of poor performance – not only due to attendance
o Common Sense: highly interactive job requires presence
46. 46
Legal Issues: ADA
Doak v. Johnson, 798 F.3d 1096 (D.C. Cir. 8/18/2015) –
Employer denied Employee’s request to work at home with
a later start time and terminated Employee for excessive
absences
Court affirmed SJ for employer. No accommodation
required because employee would not have been able to
perform an essential function of her position – participating
in interactive, on-site meetings during normal business
hours on a regular basis
47. 47
Legal Issues: ADA
Fischer v. Pepper Hamilton LLP, (E.D.Pa. 2016) –
Employer terminated Employee for irregular attendance
outside of agreed accommodation of late start and extended
office hours
Court denied SJ on failure to accommodate claim. Court
generally followed Ford, but explained that the inquiry into
whether regular, on-site attendance constitutes an essential
function of a job depends in large part on the nature of the
job itself. Unlike Ford plaintiff, Employee’s job as attorney
largely conducting document reviews online was not of
nature that required regular on-site attendance
48. 48
Legal Issues: ADA
5 questions to ask when considering telecommuting as an
accommodation:
1. What are essential functions of the job – must the duties be
performed in the workplace?
2. What is company policy and practice on telecommuting?
3. Is the requested accommodation reasonable?
4. Are there other accommodations that would effectively
accommodate the employee’s limitations?
5. What hardship, if any, would be imposed if telecommuting is
allowed?
49. 49
Telecommuting Legal Issues: Agreement
One way to address the many issues with telecommuting is to have a
telecommuting agreement
o Expectations—specific schedule at home, specific schedule at work, duties
o Whether the employee’s employment will change due to participation in a telecommuting
program, including such terms as compensation and work responsibilities
o Arrangement may be terminated or amended – it is not a contract
o Application of company policies at home, including schedule and time-keeping
• What about dress code?
o A provision that the employee should work overtime only with the advanced written
approval of his/her supervisor
o Require recording of sick days, vacation, leave
o Establish obligation to communicate at regular intervals
o Employee must agree to attend face-to-face meetings, on-demand and/or periodic office
visits
50. 50
Telecommuting Legal Issues: Agreement
Telecommuting agreement (cont.)
o Privacy policies, access to computers, and monitoring of computers--employer has the
right to monitor equipment such as the computer, voicemail, etc. at any time
o Return of equipment, files and the like upon termination
o Property checklist
o Business use of company software and hardware
o Home office inspections
o Expense reimbursement policy
o Employer retains ownership and control of all hardware, software, data, furnishings and
supplies provided and/or paid for by the employer
o Hardware, software, data, furnishings, supplies and related equipment may not be
removed from the designated at-home workplace without the prior written consent of the
employer
51. 51
Telecommuting Legal Issues: Agreement
Telecommuting agreement (cont.)
o Employer is not liable for injuries to the telecommuter while working
outside of the designated workspace at home and/or outside the
agreed-upon work hours
o Employer is not liable for injuries to third-parties who may be
present at the employee work space
o Employee to adhere to company guidelines for reporting injuries or
accidents involving the employee (or others) while working at home
o A provision that absent an emergency, the employee will not be
using the telecommuting arrangement as a substitute for regular
child care
52. 52
Telecommuting Legal Issues: Agreement
Telecommuting agreement (cont.)
o The telecommuting arrangement (as well as the underlying
employment relationship) can be terminated at any time, by either
party, with or without notice
o The term of the agreement (be cautious that you do not
inadvertently create an employment agreement for a set duration)
o A provision that the employer will not be responsible for loss, costs
or damages resulting from cessation as a telecommuter
53. 53
Telecommuting Legal Issues: Agreement
Telecommuting agreement (cont.)
o A specific agreement by the employee to be subject to and comply
with all employer policies, practices and instructions (with particular
emphasis on all of the telecommuting policies and procedures) and
that a violation of any policies may result in discontinuance of the
telecommuting arrangement
o A specific understanding by the employee that the employer will not
be responsible for any operating costs associated with the employee
using his/her home as an alternative work site or if employer will be
responsible, which expenses
o An affirmation by the employee that he/she has read the agreement,
understands the document and agrees to abide by its terms.
54. 54
Legal Issues
Plan a strategy
o Which departments can successfully allow telecommuting
o Which employees can successfully handle telecommuting
o Start a pilot program
o Train your managers on the policy
o Make sure they apply the rules equally
o Make sure managers maintain regular contact
o Infrastructure
• Time tracking software