Work-From-Home Policies: Avoiding Employment Claims Under the ADA, FMLA, FLSA and More

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Tuesday, February 26, 2019

Recorded event now available

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Course Materials

This CLE course will guide employment counsel on the growing trend of alternative work arrangements, such as allowing employees to work remotely. The panel will discuss issues that may arise under the FMLA, FLSA and ADA, and how employers can structure alternative work policies to minimize potential discrimination claims.


A work-from-home arrangement can be a productive means to attract and retain talent. Effective work-from-home policies allow companies to provide flexibility and support to employees while maintaining productivity and meeting other work requirements. Offering this voluntary benefit, however, can also create headaches and legal risk for employers.

Regardless of whether an employee is physically present in the office each day, employers must still ensure compliance with all the employment laws applicable to their workforce. Some laws, such as the ADA, may require employers to provide a work-from-home opportunity for individual employees, while laws like the FLSA and FMLA become even harder to navigate with remote employees.

Add in the fact that injuries sustained by an employee while working from home can fall within an employers' workers' compensation coverage, and it becomes easier to see why employers might be hesitant to implement this type of alternative work arrangement.

Listen as our panel of experienced practitioners discusses alternative work arrangements and the legal risks that come with them. Our panel will provide guidance on how to structure policies and train management on how to handle remote workers to avoid discrimination claims.



  1. Types of alternative work arrangements
  2. Considerations under the ADA, FMLA, FLSA and workers' compensation
  3. Drafting work-from-home policies
  4. Best practices for training management on how to navigate work-from-home arrangements


The panel will review these and other relevant topics:

  • What are common types of alternative work arrangements?
  • What types of legal risks are associated with alternative work arrangements?
  • How can employers structure work-from-home policies to mitigate the chances a discrimination claim will be filed?


Brown, Jessica
Jessica Brown

Gibson Dunn & Crutcher

Ms. Brown advises corporate clients regarding employment and privacy law matters, including matters that intersect with...  |  Read More

Lawler, Christin
Christin Lawler

Constangy Brooks Smith & Prophete

Ms. Lawler counsels and defends employers on a wide variety of labor and employment matters, including discrimination,...  |  Read More

Shea, Robin
Robin E. Shea

Constangy Brooks Smith & Prophete

Ms. Shea has more than 20 years' experience in employment litigation, including Title VII and the Age...  |  Read More

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