1. Telecommuting Employee Requirements: Strategies to Avoid Legal Pitfalls

Telecommuting Employee Requirements: Strategies to Avoid Legal Pitfalls

Telecommuting Employee Requirements: Strategies to Avoid Legal Pitfalls
Event ID: 18158

Duration: 90 minutes including question and answer session.
Presenter(s): Melissa Fleischer, attorney at law, and president, HR Learning Center, LLC
Price: $349.00, DL includes full audio presentation, question and answer session, and presentation slides.
CE Credits: This program has been approved for 1.5 general recertification credit hours toward PHR, SPHR, and GPHR recertification through the HR Certification Institute. This program is valid for 1.5 PDCs for the SHRM-CP or SHRM-SCP.
Who Should Attend? HR, in-house counsel, financial officers, CEOs

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.

Please join Melissa Fleischer, attorney at law, as she provides step-by-step guidance on how to avoid the legal pitfalls associated with a telecommuting workforce.


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


Your conference leader for “Telecommuting Employee Requirements: Strategies to Avoid Legal Pitfalls” is Melissa Fleischer, attorney at law. Ms. Fleischer is the president of HR Learning Center LLC. Ms. Fleischer is a management-side employment attorney with over 20 years’ experience representing clients in employment discrimination litigation as well as providing preventive counseling and training on workplace issues. HR Learning Center LLC offers training seminars, webinars, and consulting on a variety of workplace and human resources issues. She is also a frequent speaker on a wide range of employment law topics including: workplace investigations, anti-harassment training, FMLA and ADA training, workplace violence prevention, etc. Ms. Fleischer earned her J.D. degree from the George Washington University School of Law.

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