Q. We recently hired someone who will be working from home three days a week. Do OSHA’s regulations and standards apply to home offices? And are there any other laws we would need to be concerned about regarding telecommuting?
A. Yes, OSHA regulations apply to workspaces located in a home office. So do most other employment-related laws. Also, you might be obligated to provide a reasonable accommodation under the ADA if the employee needs one. If the employee is injured while performing his or her job, workers’ compensation law applies.
Wage-and-hour laws also apply. That means any time a nonexempt employee spends working at home must be documented and paid for.
- Go ahead and grant 'disability leave'— but don't assume employee is disabled
- Take the lead in identifying premises-liability risks
- Don't let complaint interfere with legitimate discipline
- Put incentives in writing; don't let managers blurt them out
- Offer legit 'fresh-start' transfer without fear of being punished for retaliation