Of course, remote work also creates new legal issues. In drafting a remote work policy, employers and human resources professionals should consider a variety of possible elements. For example:

Moonlighting—In any moonlighting policy, employers should note that any outside employment must be disclosed in order to confirm that such employment does not create a conflict of interest or risk exposure of confidential information. Moonlighting should also be prohibited during regular business hours to ensure productivity.
Cameras and Zoom—As the lawyer who used the accidental cat filter in court knows, video cameras during remote meetings can be tricky. But requiring employees to have cameras on is likely legally enforceable, as long as all employees are required to do so without discrimination. Additionally, be wary of the possibility that an employee may request an accommodation under the Americans with Disabilities Act (ADA), as the anxiety created by being on camera may be a covered disability.
Multistate Compliance—While a remote workplace broadens the pool of employees from which to choose, it also means employers must be aware of where their employees are working. Employers must be registered to do business where employees have their "home office" location and will be subject to the laws of the state where that office is located. This also creates tax consequences and requires compliance with the unemployment provisions of that state.

Many employers are also considering the legality of a full return to office. For the most part, this is allowed, but COVID-19 demonstrated that many essential functions of certain jobs can be performed by teleworking. The U.S. Equal Employment Opportunity Commission (EEOC) has offered guidance that if essential functions had to be limited to permit telework, then a full return to office is justifiable.

Instant Insights /

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