Legal Issues with Work from Home Policy

The air-tight rule of most companies in the past was that an employee was offered one of two types of positions:  either full time or part time.  As families are sharing child caring responsibilities, these employees are demanding something different.  Employers have discovered that they can't just say "no" because another employer down the street is saying "yes."  Companies saying "no" are finding themselves losing good valuable candidates to their competitors.  And, laws such as the Americans with Disabilities Act are now requiring employers to consider flexible working arrangements if such does not impose an undue hardship on the organization.  What are the different types of flexible working arrangements and the legal issues arising out of such arrangements?  When do the benefits outweigh the risk of litigation?  When does litigation outweigh the benefits? 

This program will provide answers to these important questions:

• Types of flexible working arrangements, including but not limited to job sharing, flex-time; compressed work weeks, etc.
• Benefits to utilizing flexible work arrangements.
• Problematic practical concerns when considering flexible work arrangements in your workplace. 
• Benefit issues for the "perma-temp" flexible working relationship
• Joint employer issues for the "perma-temp" flexible working relationship
• Telecommuting as a flexible work arrangement (one of the most controversial)
• Telecommuting as a reasonable accommodation under the ADA
• Why attendance may not be considered an essential job function
• Privacy and confidentiality concerns arising out of telecommuting arrangements
• What a good telecommuting policy should include

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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