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

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, January 25, 2023

Recorded event now available

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This CLE course will guide employment counsel on alternative work arrangements, such as allowing employees to work remotely. The panel will discuss issues that may arise under the COVID-19 pandemic related guidelines, FMLA, FLSA, and ADA, and how employers can structure alternative work policies to minimize potential discrimination claims.


As the COVID-19 pandemic continues to evolve, employers and employees have changed their expectations with respect to working from home. Work-from-home arrangements can be an effective 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 benefit, however, can also create headaches and legal risks for employers, especially as we transition out of the pandemic.

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.

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


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?
  • How do the COVID-19 pandemic related guidelines impact the legal risks associated with alternative work arrangements at this stage of the pandemic?


Lawler, Christin
Christin Lawler

Fox Rothschild

Ms. Lawler counsels and defends employers on various 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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