Be prepared for potential risks of increased telecommuting options

Q         Several employees forced to work from home during the pandemic say they prefer it to working in the office and actually feel more productive. Should we be preparing to extend and expand our telecommuting options even after the coronavirus subsides?

A   Yes, even after “shelter-in-place” orders expire, you should consider extending or expanding your work from home options as a mitigation tool to minimize the risk of spreading the virus in the workplace. You should also prepare for potential challenges and risks that come with increased telecommuting options, such as:

• Risks of wage and hour compliance under the Fair Labor Standards Act (FLSA), including ensuring employees’ hours are accurately tracked and compensated;
• Potential discrimination claims if you don’t treat all employees’ telecommuting requests the same;
• Questions on whether telecommuting qualifies as a reasonable accommodation under the Americans with Disabilities Acts (ADA);
• Immigration compliance under the Immigration Reform and Control Act (IRCA) when onboarding employees; and
• Workplace health and safety issues such as workers’ compensation for on-the-job injuries and occupational illnesses.

Q         If we’ve made a job offer but the prospective employee hasn’t accepted it yet, do we have to wait to conduct a background check?