Telecommuting is not a new phenomenon. Whether on a full-time, part-time or sporadic basis, telecommuting has been voluntarily offered by employers, and in some cases, required as an accommodation for an employee with a disability for many years. And of course, for many employers telecommuting became a necessity during the pandemic. As employers are returning to more traditional work arrangements, however, many are faced with employees who wish to continue working from home. The push to normalize remote work is not, however, limited to employees. Many employers are taking the initiative to make this option more permanent as well in an effort to attract and retain talent.
Whether the impetus is employee or employer driven (or both) employers should review their policies and practices to avoid risks associated with telecommuting. Remote work, like other flexible work options, should be governed by a formal policy that addresses legal issues that can arise with a remote workforce including the following:
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