In the News: Jadie Mims Publishes Article on Legal Challenges and Opportunities of Remote and Hybrid Work
Constangy attorney Jadie Mims authored an article for the Daily Report discussing how remote and hybrid work present opportunities for companies, but also legal challenges as a result.
Jadie addressed the importance of wage-and-hour compliance with the Fair Labor Standards Act (FLSA) and clarified the extent to which the Occupational Safety and Health Act’s General Duty Clause includes remote workplaces, recommending that employers provide employees with written guidance on how to have an ergonomically sound remote workplace.
Beyond employee-focused regulations, two major areas of concern are multijurisdictional compliance and data privacy and cybersecurity. Local laws impose higher requirements than state laws, which is why it is important to designate the jurisdictions where employees can maintain a remote workspace. State laws also require due diligence, as every state has different minimum wage laws, employee leave requirements, and break rights.
When it comes to data privacy and cybersecurity, it is important to consider risks associated with maintaining confidential information and data security. As a best practice, employees should not work on an unsecure network or utilize their own personal equipment when working remotely.
“While compliance challenges around wage laws, safety, jurisdiction and privacy are significant, they are far from insurmountable,” said Jadie. “Employers who proactively address these risks while embracing the opportunities for flexibility, inclusion and balance can position themselves as leaders in the evolving world of work.”
To view the full article, subscribers may click here.
