Work From Home Policies: Strategies to Avoid Legal Pitfalls

Duration: 90 minutes Speaker: Melissa Fleischer, Esq
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ABOUT THE EVENT

It’s estimated that nearly two-thirds of employers offer some form of work-at-home employment arrangement for their employees. This can range from a periodic “working from home” day to a normal five day a week at home work schedule in which an employee never sets foot in your office. No matter the type of telecommuting options offered by an employer, many companies fail to pay enough attention to the regulatory requirements and the related risks and potential liabilities that go along with at-home employee work arrangements.

For example, does the ADA require an employer to make an accommodation for a work-at-home employee who requests an accommodation? Does a work-at-home employee arrangement alter the nature of FMLA? How should an employer track intermittent leave or requests for caregiver leave? Can OSHA worker safety requirements be applied to a home office? Does a worker who is injured while at work in his or her home office qualify for Workers’ Comp? Do FLSA overtime rules apply or are your telecommuter employees exempt from overtime? These are just some examples of the questions that you need to have answers to.

WHAT YOU’LL LEARN

Just a sampling of the many practical tips you’ll take away:

  • Find out whether you must provide telecommuting as a reasonable accommodation under the ADA
  • Review the requirements under ADA, FMLA, FLSA, Workers’ Comp, and OSHA relating to work-at-home telecommuting arrangements
  • See how allowing some but not others to telecommute could give rise to discrimination claims against your organization
  • Learn the steps to protect your organization if an employee is injured while working from home
  • Review how to handle requests for FMLA leave from employees who work remotely
  • Understand whether your employer should have a telecommuting policy
  • Review best practices for drafting a legally compliant telecommuting policy that will protect your employer
  • AND MUCH MORE!

Who Should Attend

HR, in-house counsel, financial officers, CEOs

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Melissa Fleischer, Esq

Melissa Fleischer, Esq., is a sought-after employment law attorney and HR advisor, having utilized her 20 years of law practice experience specializing in employment discrimination litigation to form HR Learning Center LLC, an HR consulting firm that specializes in providing workplace solutions to employers on a wide range of legal and human resource management issues. Ms. Fleischer provides preventative counseling and proactive training on a wide-range of employment law issues to help employers achieve legal compliance and reduce litigation costs, Ms. Fleischer is a management-side employment attorney and is nationally recognized as an expert in her field. Ms. Fleischer has successfully represented numerous clients in employment discrimination litigation as well as providing preventive counseling and training on workplace issues. Ms Fleischer was previously associated with Epstein Becker & Green in NYC.

Through HR Learning Center, Ms. Fleischer provides on-site training seminars and on-line training webinars and consulting on a wide range of workplace and human resource issues including sexual harassment, disabilities, diversity, discrimination, workplace violence, employee use of social media, job descriptions, employee handbooks, workplace investigations, FLSA misclassification and independent contractor status, information privacy and security, and HR records management. She also offers compliance training on the major employment laws, including Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act, Americans with Disabilities Act, Fair Labor Standards Act, including exempt and non-exempt worker classifications and the National Labor Relations Act. She presents seminars, leads webinars and workshops, and is a frequent lecturer on these and other HR management and legal topics.

Ms. Fleischer served as a chapter editor for the Family and Medical Leave Act Treatise, published by the Bureau of National Affairs. She also served as an Editor for HRExpert, an on-line legal resource for attorneys and HR Professionals. Ms. Fleischer is an adjunct faculty member with the Professional Development Center at SUNY/Westchester Community College in Valhalla, New York. She is a member of the Society for Human Resource Management (SHRM). Ms. Fleischer earned her J.D. degree from The George Washington University Law School in Washington, D.C., and her B.A., cum laude, from New York University.

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Credits: 1.5

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Credits: 1.5

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