Esther Lander Quoted in Law360 on Tips for Employers on Post-Virus Telework Requests

Akin Gump labor and employment partner Esther Lander has been quoted in the Law360 article “6 Tips For Employers Tackling Post-Virus Telework Requests.” The article offers suggestions on how businesses can fairly assess remote work requests that come in after the pandemic subsides.

Lander advised companies to compile a record of situations where telework arrangements were not ideal, as that will only strengthen a company’s defense in the event it denies a worker’s petition to stay remote.

“Employers are likely to receive a potential avalanche of remote work requests in view of having worked remotely in a successful way for so long,” said Lander, so companies should begin “documenting where it’s not working.” She warned not to ignore any missteps or disruptions brought on by telework. Instead, companies should make a record of them, she suggested, so they have a basis to argue in the future that remote arrangements do not make sense for certain employees or situations.

If an employer expects workers to return to the workplace once the threat of the pandemic wanes, Lander said company leaders should ensure their workforce gets this information ahead of time and in writing. “In allowing people to go remote, lay a foundational written record that you’re doing this because of the virus, but that this is an office job,” she said.