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Employers' guide to navigating common issues involving remote workers

October 2020 employment law letter
Authors: 
Courtney Bru, McAfee & Taft

"Working from home," "teleworking," "working remotely"—whatever you call it, the concept has always been troublesome for employers. COVID-19 has forced them to reconsider telework, which has become essential for many businesses. Whether you find yourself with an unexpected army of virtual workers because of the pandemic or continue to field periodic requests for accommodation, here are a few things to consider as you navigate the issue.

Managing remote working environments

Remote working environments take many forms—from kitchen tables to dedicated home offices to spare nooks and crannies of all sizes. (I spent one particularly interesting afternoon working in the front seat of my car, parked in my driveway, in mid-June, while my kids had the run of the house and my husband participated in video conference calls in our converted garage space.)

Space doesn't necessarily dictate productivity. And these days it may be more difficult to justify a requirement to maintain a separate, designated workspace when your employees may be able to work virtually anywhere Internet services are available. If you seek to impose physical standards on remote workspaces, be sure you have legitimate reasons for doing so, such as confidentiality concerns or the need for access to high-speed Internet services.

The Occupational Safety and Health Act (OSH Act) contains a so-called "general duty" provision, which requires employers to provide places of employment "free from recognized hazards that are causing or are likely to cause death or serious physical harm."

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