The Future of Working from Home

The COVID-19 pandemic led millions of Americans to work from home for the first time. Some Americans had already worked remotely, but the pandemic accelerated an expansive transition to remote work. And this transition is here to stay, experts predict. In a recent survey of 100 executives around the world, nine out of 10 executives plan to include remote work as an option after the pandemic. Although only about 10 percent of jobs have the capacity to transition to remote work, the impact of the shift is significant. From a regulatory standpoint, this hasty shift has meant that many workers have transitioned without consistent workplace rules or technological infrastructure. Employers may be subject to different tax laws and labor regulations if they have employees working from across state lines. In addition, new privacy concerns have emerged as supervisors attempt to oversee employees in the remote environment. Moreover, workplace equity has been affected. Some experts argue that women face disproportionate impacts from telework, which may lead to a greater burdens of housework and higher rates of mental health concerns. In addition, although people with disabilities have long asked for accommodations to work from home to address needs that make physical presence at the workplace difficult, such as limitations in mobility, some people with disabilities, such as members of the deaf-blind community, need new legal frameworks to ensure access to virtual spaces. Currently, the Occupational Safety and Health Administration has not issued home office regulations for remote work. The Fair Labor Standards Act allows for remote work arrangements as long as there is accurate timekeeping and pay meets minimum wage law requirements. In response to the rise in remote work and concerns about proper pay, the U.S. Department of Labor recently clarified that the Act requires employers to pay for all hours of work they know or have reason to believe were performed. The U.S. Equal Employment Opportunity Commission (EEOC) enforces Title I of the Americans with Disabilities Act (ADA), which requires that employers with more than 15 employees provide “reasonable accommodations” to individuals with disabilities as long as it does not cause “undue hardship.” The EEOC recognizes remote work as a possible reasonable accommodation. This week’s Saturday Seminar focuses on legal concerns surrounding the future of remote work