Work From Home Policies: Legal Boundaries with Flexible Schedules

When we think of “telecommuters,” we often think of one who wants to work from home on a full time or semi part time basis. In a sense, however, almost every worker who performs work outside of the office is a telecommuter. We take our work home with us. We take that laptop home and finish the work there or get up early in the morning and check our emails. We answer our emails off our iPhones or other personal digital devices. And, there are the more traditional telecommuters who indeed work on a full time or part time basis at home. It seems nice that we can have this option where we don’t have to report to the office every single day.

Areas Covered

• What do we mean by the “virtual world”?
• Employer legal risks when their employees use cell phones, laptops, etc.
• Legal requirements in protecting safety sensitive information (i.e., social security numbers, personal health information, financial information, etc.)
• Protecting your trade secrets while allowing employees to take work away from the office.
• What do we truly mean by “telecommuting”?
• What does “course and scope of employment” mean in a telecommuting situation?
• How is the workers’ compensation “coming and going” rule used in a telecommuting arrangement?
• What Fair Labor Standards Act should you consider in a telecommuting arrangement like timekeeping, travel time, etc.?
• Are you required to calculate the time an employee answers emails as “working time”? Can you apply the “de minimus” rule?
• What is OSHA’s latest position with regard to telecommuting arrangements?
• Are there circumstances where the Americans with Disabilities Act can require an employer to allow an employee to telecommute?
• What you should consider in a telecommuting agreement.
• What you should have in a cellular telephone policy.

Who Should Attend:

• Senior HR Professionals
• HR Managers & Directors
• Attorneys
• HR Personnel
• Employee Relations Professionals

Speaker(s)

Susan Fahey Desmond

For more than 35 years, Susan Fahey Desmond has helped companies – hospitals, banks and credit unions, manufacturing companies, offshore oil companies, school districts, and others – minimize the cost and disruption of employment disputes. She defends wage and hour, wrongful discharge, non-compete, Family and Medical Leave (FMLA), and other claims. Clients seek her litigation counsel for age, sex, disability, race, religion, and sexual harassment discrimination lawsuits, as well as class actions. She helps employers dispute Equal Employment Opportunity Commission (EEOC) charges and other administrative complaints and navigate the administrative and judicial process. And, perhaps most importantly, she works with management and HR to resolve issues before they develop into contentious litigation.

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