Employers should consider a variety of issues, including tax, social security, immigration and employment implications, before agreeing to an employee’s request to work from home when ‘home’ is not in the UK. Employees may not have dedicated work areas in their homes and may face distractions in terms of timeliness of execution of regular tasks and other disruptions of ordinary work functions (e.g., children interrupting parents during telephone calls). LSE’s Shaping the Post-COVID World initiative, Working From Home: legal issues arising from the 'new normal', LSE Public Lectures and Events: podcasts and videos channel. The Occupational Safety and Health Act and similar state occupational safety and health laws obligate employers to provide a workplace that is free from recognized hazards likely to cause harm, even when working from home. Another legal issue with telecommuting is that letting employees work from home makes it much more difficult to monitor employees’ work hours, making companies potentially more susceptible to violations of wage & hour laws. Because schools may be closed and employees may face challenges with childcare due to COVID-19, employers likely will need to remain flexible in their expectations. However, employers need to ensure the home workers are properly managed and protected to avoid any employment law issues for their businesses. Working from home opportunities, also referred to as telecommuting or teleworking, defines a work structure in which a worker can complete job tasks, either on a full-time or part-time basis, from a location outside of the company's office. He studied law at Oxford and Harvard. From 1998 to 2010 she held a Chair in Criminal Law and Legal Theory at LSE; she returned to LSE in 2013 after spending three years as Senior Research Fellow at All Souls College, and Professor of Criminal Law and Legal Theory at the University of Oxford. You must also review how you’re managing the risks to check your policies and processes are effective. Consider reminding employees of their right to take off-duty meal and rest breaks when working from home. LSE in Pictures is a selection of images taken by the school photographer. Employers should also carry out a data privacy impact assessment of the data protection implications of employees working from home. If an employer requires employees to work from home in response to a health crisis like the COVID-19 outbreak, then it may choose to prohibit employees from working at other remote locations other than home (i.e., locations where they may be at greater risk of being exposed). For example, employees may work overtime hours without their manager knowing, but then later sue for back pay. Employers should encourage employees to review their work area and ensure that it is free from tripping, electrical or other hazards that might pose a danger to employees. As with most areas of the employment law universe, the legal backdrop should be a policy that sets out employer expectations around issues such as hours of work per day or week, preserving confidential information, home office insurance and liability issues, ownership of equipment and content, reporting structures, how to monitor work product and deadlines, any obligations to attend on-site … 1. Specific advice should be sought on what the assessment should cover. Employers can require employees—both exempt and nonexempt—to report their working time. Home working opens up a new range of possibilities for the way businesses can work and structure themselves.With the outbreak of the coronavirus (COVID-19) pandemic, home working has given some employers the flexibility they need to continue their business operations while prioritising staff and customer health and wellbeing as part of their public health responsibility. In 2011 she was awarded the Hans Sigrist Prize by the University of Bern for outstanding scholarship on the function of the rule of law in late modern societies and in 2017 she was awarded a CBE for services to Law, Justice and Gender Politics. Time worked includes responding to phone calls and emails, no matter the time of day. By continuing to use our website without electing an option below, you are agreeing to our use of cookies. Issues that will be considered include health and safety, working time, discrimination law, and the effectiveness of employment regulation. Sarah Trotter joined the Law Department as an Assistant Professor in September 2018. Employers should ensure their paid sick leave policies are up to date. Companies these days are increasingly allowing employees to work from home in order to save on time and costs of actual office space and other overhead. If a homeworking expenses policy has been previously agreed with a trade union, the employer must agree any changes with the union. Prior to joining LSE, she was a Lecturer at Birmingham Law School, University of Birmingham for four years from 2009 to 2013. Find out more about homeworking expenses on GOV.UK. It also offers greater flexibility to those employees who may have family or carer responsibilities. Ensure that all nonexempt employees accurately record all of their remote work time to ensure payment for all time worked. Homeworking may mean working exclusively from home, but the term “homeworker” can also be used to describe those who divide their working time between home and their employers’ premises, work at home on an occasional basis, or are mobile workers who use their home as an administrative base. He is a Fellow of the British Academy. Where that is not possible, employers should evaluate the personal tools and equipment the employee is required to use on the employer’s behalf and determine whether and to what extent reimbursement for associated expenses may be necessary. Employers have an obligation to provide accommodations for disabilities to employees who work from home. If you have any questions concerning this alert, please contact: Nathan J. OlesonEmailWashington, D.C.+1 202.887.4425, Brian Glenn PattersonEmailHouston+1 713.250.2214, Richard J. RabinEmailNew York+1 212.872.1086, Allison S. PapadopoulosEmailWashington, D.C.+1 202.887.4588. As with most areas of the employment law universe, the legal backdrop should be a policy that sets out employer expectations around issues such as hours of work per day or week, preserving confidential information, home office insurance and liability issues, ownership of equipment and content, reporting structures, how to monitor work product and deadlines, any obligations to attend on-site meetings, and reserving a general right to pull the employee back into the office … Employers should attempt to provide the resources employees need to work from home effectively using company-provided equipment, like computers and telephones. You must consider requests in a reasonable manner. State and local laws for reporting time pay and split shift pay may remain in effect for nonexempt employees working from home. The Department of Law (@LSELaw) is one of the world's top law schools with an international reputation for the quality of its teaching and legal research. He served on the editorial committee of The Modern Law Review from 1991-2014, including a period as General Editor. He is currently Cassel Professor of Commercial Law at the London School of Economics and Political Science, having previously been the Vinerian Professor of English Law at All Souls College, Oxford 2014-2019, Professor of English Law at LSE 1991-2014, and a Fellow of Brasenose College, Oxford. sometimes apply.” (source) “For me right now it’s time zone. A video of this event is available to watch at Working From Home: legal issues arising from the 'new normal'. Favorite, RT @RMilibandLSE: Vital 'key workers' have been widely lauded during the pandemic - but after all the applause will they be given better p…, London School of Economics and Political Science. That said, some employers may specifically not allow telecommuting or opt to change their telecommuting policy with little noice. Nicola Lacey is School Professor of Law, Gender and Social Policy. The legal employment status of home workers is defined by the following tests of whether they are a ‘worker’ or ‘employee’: ... you work from home. There are three particular areas to consider from a legal perspective: 1. In summer 2020 Alice appeared (as junior counsel) for the successful Respondent in the Court of Appeal in Walker v Co-operative Bank leading a case on the material factor defence in equal pay claims. Nonexempt employees must be paid for all time worked when working from home, including overtime, the same as if they were working at the office. Follow LSE public events on Twitter for notification on the availability of an event podcast, the posting of transcripts and videos, the announcement of new events and other important event updates. Many states and localities have laws requiring employers to provide paid … Paul Harpur, from the University of Queensland Law School, said the most common issue to arise was when the employee was injured at home in the course of their employment. Employers should ensure their paid sick leave policies are up to date. Employers should remind employees to update their home address and contact information in the company’s human resources system. Many employers are now questioning business costs associated with traditional offices altogether, exploring the idea of WFH as a new way to work. Issues that will be considered include health and safety, working time, discrimination law, and the effectiveness of employment regulation. Update existing policies to include Covid-19 specific language. Astrid Sanders is an Associate Professor of Labour Law and joined LSE in September 2013. The University of Oxford notably awarded her two prizes for Best Performance. Working from home is often a great solution for employees who are looking for a more flexible style of working. One of the major issues that has come up recently when people work from home relates to privacy. Alice is a contributing editor of Harvey on Industrial Relations and Employment Law. Employers should talk to their employees and any representatives about who will cover any extra costs employees might have when working from home. Here are five legal pitfalls you’ll want to look out for when drafting a remote work policy. This event forms part of LSE’s Shaping the Post-COVID World initiative, a series of debates about the direction the world could and should be taking after the crisis, Twitter Hashtag for this event: #LSECOVID19. Other legal issues. Disadvantages of employees working from issue Though there are some disadvantages to employees legal at home, most of these relate to those working from home for all, as opposed to part, of their working week: Difficulty work performance - there could be work managing from workers and monitoring their performance. Time to do laundry between tasks. She completed all her postgraduate and undergraduate studies at Corpus Christi College, University of Oxford. Some employers may also choose for employee relations reasons to reimburse cell phone and internet costs attributable to work use when employees are required to work from home. If employees are not performing work for all or part of the day, then the employer, in certain instances, may be able to deduct full or partial days from their compensation or leave banks. Ensure that flexible workplace policies are administered in a nondiscriminatory manner. Alice Carse practices in employment and industrial relations law at Devereux Chambers. A panel discussion of legal issues that arise from many people increasingly working from home, a pattern that seems likely to persist even after the Covid 19 pandemic has finished. LEGAL ISSUES Shifting Paradigm Recently, there has been an increase in popularity of alternative work schedules, working from home, telecommuting and flexible work hours. Share. She has held a number of visiting appointments, most recently at Harvard Law School. Good communication with your workers is especially important when they are working from home. Checking insurance cover. FLSA violations. There are certain legal implications that employers should consider when allowing employees to work from home. From time to time there are changes to event details so we strongly recommend that if you plan to attend this event you check back on this listing on the day of the event. She has particular experience of strikes and industrial action and has advised on some of the most high profile industrial disputes of recent years, for example acting (as junior counsel) for Royal Mail in successfully obtaining an injunction to prevent strike action over Christmas 2017. In this electronically connected workforce, telecommuting or working from home is easier than ever. Workers often know what the issues are and have ideas about how to manage them. LSE is a private company limited by guarantee, registration number 70527. Maintaining Nondiscriminatory Work-From-Home Polices Compile a list of legitimate, nondiscriminatory reasons that would preclude an employee from working-from-home. She also achieved outstanding marks as an undergraduate in her law examinations. Employers should inquire about state and local laws that may require employers to provide paid or unpaid leave to employees with children in the event of an unexpected school closure. Before monitoring employees’ communication (e.g., for productivity), ensure that doing so is consistent with the company’s established policies. Working from home may not be practical in many work environments, for example, where company tools, machinery or equipment may be required to accomplish a job. More and more people are working from home these days — or at least from a local coffee shop or coworking space. Put procedures in place so you can keep in direct contact with home workers so you can recognise signs of stress as early as possible. These laws remain in effect for employees who work from home. Being away from managers and colleagues could make it difficult to get proper support. But a right to request is not the same as a right to. Sick Pay. Almost all employees with at least 26 weeks' service have the right to ask for flexible working which can include working from home. Ensure that any work-from-home, remote work, and onsite work policies, are administered in a nondiscriminatory manner. As well as her D.Phil, she earlier obtained two other postgraduate degrees at Corpus Christi College. "So [for example] when an employee falls down the steps answering the front door or slips over in the home office," he said. One of the most obvious problems with remote employees is it’s hard to know how many hours they’re actually working out of the office. Home working can cause work-related stress and affect people’s mental health. An employer may restrict at-home employees from working overtime, but must pay all overtime that is worked. Employer monitoring of work email systems is generally permitted, provided there is a valid business purpose for doing so and employees do not have a reasonable expectation of privacy in using the employer’s system. Prior to that, she studied at the University of Cambridge (LLM), Sciences Po (Erasmus year), and LSE (LLB). She is an Honorary Fellow of New College Oxford and of University College Oxford; a Fellow of the British Academy; and a member of the Board of Trustees of the British Museum. Keep in touch. Event updates and other information about what’s happening at LSE can be found on the LSE's Facebook page and for live photos from events and around campus, follow us on Instagram. Retweet She wrote her PhD thesis (‘On coming to terms: How European human rights law imagines the human condition’) at LSE. Employees should check there are no … While employers generally cannot control what people do off-duty, they can prohibit employees from coming to the workplace, and can recommend that certain employees self-quarantine in their homes (such asemployees who are sick or who have traveled to a high risk area). Subscribe to receive the latest insights and news from Akin Gump. 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