With the change in work dynamics, you’re probably wondering whether employment laws apply to remote workers. Due to the increasing demand for remote jobs, employers have adopted policies that offer benefits and more flexible schedules. However, despite the change, employees and employers are still subject to state and federal laws. Here are a few employment laws that may still apply to telecommuters.
1. Family and Medical Leave Act (FMLA)
The FMLA protects the healthcare and job security of employees. However, it only applies when they need to take leaves to take care of a newborn child, parent, and spouse or child (Ren) with major medical conditions.
According to the FMLA, extended leaves consist of up to twelve unpaid weeks in a year. However, some employers give paid leaves with additional benefits as part of their benefits packages. For eligibility, an employee has to work at that particular company for a minimum of one year. Keep in mind that private companies with a workforce of less than 50 aren’t required to abide by FMLA.
For this case, telecommuters who have worked for at least one year for a company with 50 or more employees can get protection. The employer can also offer additional benefits such as flexible working hours upon return or 6 weeks of paid leave. Although FMLA protects employee’s jobs and healthcare, employees are free to reallocate responsibilities with justifiable reasons.
2. Americans with Disabilities Act (ADA)
The ADA protects qualified employees living with disabilities against discrimination. The law also offers telecommuting to accommodate qualified but disabled professionals. While the law requires employers to provide accommodation, they still have the right to protect the company against undue “hardship”.
The Americans with Disabilities Act includes working from home as a reasonable accommodation to disabled employees. However, an employer who deems telecommuting as infeasible may deny that option. In fact, Bloomberg Law reported that most employers aren’t afraid to countersue in case an employee files a lawsuit.
This means that job seekers need to consider the feasibility of telecommuting. However, this should also not deter an employee who feels discriminated against from being represented by an employment lawyer.
3. Equal Pay Act (EPA)
The (EPA) requires that the employer pays men and women equally according to their job description.
This means that an employer can’t discriminate against men or women interns of payment if their responsibilities are substantially equal. However, an employer is still allowed to pay men and women differently based on other factors unrelated to gender. The fractures could be job responsibilities, seniority, or role at the company.
Although an employee can request a pay cut in exchange for working remotely, no qualified employee should settle for less. Both men and women telecommuting get protection under the Equal Pay Act. Remember, even telecommuting is still subject to skill level, rank, and job description.
4. Age Discrimination in Employment Act (ADEA)
The ADEA protects employees who are at least 40 or above against description. For instance, an employer can’t deny promotion, employment, or benefits because of age. They also can’t mandate retirement solely because of age.
As employees age, they may prefer to switch to telecommuting to balance their life and career. Furthermore, employers may sometimes need seasoned employees to help them secure a future for their business. However, under the ADEA, employers can’t make decisions strictly based on the employee’s age.
5. Fair Labor Standards Act (FLSA)
The FLSA determines the guidelines for recordkeeping, minimum wage, employment of a minor, and overtime. As of 2009, the (FLSA) set the minimum wage as $7.25 per hour for federal employees. However, each state has the authority to make its own requirements, which can either be equal to or greater than the federal minimum.
Remember, some employees do not get cover under FLSA: as known as “exempt”. Examples of “exempt employees” are those that earn a monthly salary instead of hourly income. On the other hand, “non-exempt” employees get a federal minimum wage and overtime pay.
Telecommuters, employers need to establish and enforce rules to guide working hours and overtime. Also, remote employees need to work diligently and keep evidence to prove the need to work over the allotted hours.
6. Workers’ Compensation
The worker’s Compensation law covers any cost associated with illnesses and injuries from the workplace. These costs may consist of rehabilitation, medical care, and wage replacement during recovery.
The federal government has its worker’s Compensation program, and each state has its own that covers employees. That means that telecommuters get cover within their state. Although telecommuting offers flexibility in location and working hours, it may not be easy to prove an illness or injury was due to work.
To determine what constitutes workplace illness or injury, an employer should define job duties and working schedule. Additionally, a company can purchase any additional insurance program to cover its business and employees.
Conclusion
As the demand for remote work increases, employers need to know their role in employee rights protection. Likewise, telecommuters should understand what employee protection they should expect.