Prior to that, she studied at the University of Cambridge (LLM), Sciences Po (Erasmus year), and LSE (LLB). 1. 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. Employers can require employees—both exempt and nonexempt—to report their working time. According to the National Employment Standards (NES) introduced in 2010 by the Fair Work Act 2009 (Cth), parents and caregivers of children under school age have the right to request flexible working arrangements, such as working from home. Prior to joining LSE, she was a Lecturer at Birmingham Law School, University of Birmingham for four years from 2009 to 2013. Not only will sound work-from-home policies keep employees on track while working offsite, but they’ll help avoid potential legal problems that can arise from remote work. She has held a number of visiting appointments, most recently at Harvard Law School. 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. A video of this event is available to watch at Working From Home: legal issues arising from the 'new normal'. Alice is a contributing editor of Harvey on Industrial Relations and Employment Law. California) who are required to work from home may be entitled to reimbursement for a pro rata portion of their cell phone and internet service bills that is attributable to work use. LSE in Pictures is a selection of images taken by the school photographer. Issues that will be considered include health and safety, working time, discrimination law, and the effectiveness of employment regulation. 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. 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. 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. State and local laws for reporting time pay and split shift pay may remain in effect for nonexempt employees working 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. Many states and localities have laws requiring employers to provide paid sick leave, and this landscape is rapidly evolving. In this electronically connected workforce, telecommuting or working from home is easier than ever. She also achieved outstanding marks as an undergraduate in her law examinations. Ensure that flexible workplace policies are administered in a nondiscriminatory manner. Respite from … Retweet Employees in some states (e.g. Nicola Lacey is School Professor of Law, Gender and Social Policy. 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. 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. 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. Update existing policies to include Covid-19 specific language. Time worked includes responding to phone calls and emails, no matter the time of day. Many states and localities have laws requiring employers to provide paid … 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. Employers should attempt to provide the resources employees need to work from home effectively using company-provided equipment, like computers and telephones. Consider reminding employees of their right to take off-duty meal and rest breaks when working from home. Workers often know what the issues are and have ideas about how to manage them. These laws remain in effect for employees who work from home. If employees are allowed or required to work from home because of the unique challenges posed by COVID-19, where remote work otherwise would not be allowed or required, then employers should make clear that the telework is being allowed or required due to the extraordinary circumstances posed by current public health circumstances. WFH is no longer treated as a flexible work option offered by some employers, but a measure to physically distance. Continue to adhere to and enforce applicable meal and rest break requirements for nonexempt employees when they are working from home, including the recording of unpaid meal breaks. 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 … Almost all employees with at least 26 weeks' service have the right to ask for flexible working which can include working from home. He served on the editorial committee of The Modern Law Review from 1991-2014, including a period as General Editor. 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. Sarah Trotter joined the Law Department as an Assistant Professor in September 2018. Employers should consider consulting with counsel about how these laws may apply when employees work from home. Employers should ensure their paid sick leave policies are up to date. 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. 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 … Employers should also carry out a data privacy impact assessment of the data protection implications of employees working from home. This article looks at each of these issues below before explaining what practical steps employers can take to minimise the risks. This event will be streamed live on Facebook, Join us for a lecture by @PEspinosaC, Executive Secretary of the United Nations Framework Convention on Climate Cha… twitter.com/i/web/status/1…, Reply Check with workers’ compensation and general liability coverage brokers or carriers to ensure that all applicable coverages will apply when employees work from home. For those situations where an employer is able to continue operations with employees working from home or other remote locations, below is a list of issues for employers to consider in implementing such arrangements on short notice. The University of Oxford notably awarded her two prizes for Best Performance. California) may require that employees be relieved of all duty during meal and rest breaks when working from home, including responding to emails and taking calls. You must also review how you’re managing the risks to check your policies and processes are effective. 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. Maintaining Nondiscriminatory Work-From-Home Polices Compile a list of legitimate, nondiscriminatory reasons that would preclude an employee from working-from-home. 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. She completed all her postgraduate and undergraduate studies at Corpus Christi College, University of Oxford. Subscribe to receive the latest insights and news from Akin Gump. Professor Hugh Collins 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. 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. 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. LSE is a private company limited by guarantee, registration number 70527. Employers have a duty of care to ensure the health and safety of their workers, regardless of whether they work in a factory, office or home BY Amber Chandler 12 May 2017. Our COVID-19 Employer FAQs provide some helpful guidance in these situations. Her research is about how particular categories (like ‘the child’ and ‘the individual’) are constructed in law and about the assumptions that are made in European human rights law and domestic law about relationships. Sick Pay. Share. "So [for example] when an employee falls down the steps answering the front door or slips over in the home office," he said. Hugh Collins has published research in contract law, employment law, European law, legal theory, and human rights law. Employers should also consider setting up an internal website and team- and/or company-wide distribution lists for information sharing. 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. For live webcasts and archive video of lectures, follow us on YouTube. Astrid Sanders is an Associate Professor of Labour Law and joined LSE in September 2013. 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. Employers have an obligation to provide accommodations for disabilities to employees who work from home. As well as her D.Phil, she earlier obtained two other postgraduate degrees at Corpus Christi College. 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. As outlined below, employers must require that nonexempt employees accurately record their working time. Working from home is often a great solution for employees who are looking for a more flexible style of working. © 2021 Akin Gump Strauss Hauer & Feld LLP. 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. Working from home because of the coronavirus pandemic may sound like a luxury. Astrid was awarded her doctorate from the University of Oxford in 2009. Ensure that all nonexempt employees accurately record all of their remote work time to ensure payment for all time worked. 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. 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. For example, employees may work overtime hours without their manager knowing, but then later sue for back pay. 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. Where a company must suspend work or close a work location, the employer must consider leave, notice and compensation obligations for affected employees. He studied law at Oxford and Harvard. 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. 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. Research shows that employees who work from home tend to be more productive then when in the office, but setting up a telecommuting policy may not be as easy as it sounds. Here are five legal pitfalls you’ll want to look out for when drafting a remote work policy. If you are an employee who works from home regularly, it is important to know what your rights are. However, employers need to ensure the home workers are properly managed and protected to avoid any employment law issues for their businesses. FLSA violations. More and more people are working from home these days — or at least from a local coffee shop or coworking space. Taxation laws, protection for employees and insurance are just a portion of the many legal issues surrounding work as well as business. He is a Fellow of the British Academy. He is co-founder of the European Review of Contract Law and has also served on the editorial committee of the Industrial Law Journal. If your workers are salaried and exempt from overtime, this isn’t a big deal: they’ll get paid the same regar… Home working can cause work-related stress and affect people’s mental health. But a right to request is not the same as a right to. Good communication with your workers is especially important when they are working from home. Podcasts and videos of many LSE events can be found at the LSE Public Lectures and Events: podcasts and videos channel. Our new COVID-19 reality means that many employees are working from home (“WFH”). 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. Specific advice should be sought on what the assessment should cover. 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. Ensure that any work-from-home, remote work, and onsite work policies, are administered in a nondiscriminatory manner. Alice Carse practices in employment and industrial relations law at Devereux Chambers. By continuing to use our website without electing an option below, you are agreeing to our use of cookies. State and local laws for reporting time pay and split shift pay may remain in effect for nonexempt employees working from home. Checking insurance cover. If hardware or software that is normally used to track time is unavailable to an employee working from home, then any method that allows the employee to self-report his or her working time (e.g., an Excel spreadsheet) is acceptable. Whether you're thinking of working from your home office or from your lake cabin getaway, there could be tax implications. 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. 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. An employer may restrict at-home employees from working overtime, but must pay all overtime that is worked. Being away from managers and colleagues could make it difficult to get proper support. It also offers greater flexibility to those employees who may have family or carer responsibilities. 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