Working Remotely: The Legal Challenges Employers Face from the Growing Popularity of Telecommuting Arrangements
Eric Kim, Associate Morgan Lewis
American Heritage Federal Credit Union - Community Room
January 21, 2020, 8:00 am Breakfast Meeting
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A growing number of employees are now demanding or expecting the opportunity to work remotely. This trend is driven by ongoing technological advances that make telecommuting more feasible and productive, which in turn present opportunities for employers to save on overhead costs, while giving employees more flexibility and work-life balance. However, employers need to be proactive in addressing the potential legal risks to maximize the benefits of remote working arrangements.
This presentation will examine those risks particularly from a wage and hour perspective and explore strategies to mitigate those risks. Specifically, the presentation will cover the various wage and hour issues that can arise from employees working remotely, as well as recent case law on those issues. It will also provide a brief overview of other issues to consider for remote working arrangements such as: workplace safety obligations, accommodation and leave of absence management, and protection of proprietary information. The presentation will conclude with recommended best practices for employers to mitigate the various legal risks that can arise from remote working arrangements.
Eric C. Kim’s practice includes representing employers in a wide array of employment disputes, including wage and hour, trade secret protection, disability accommodations, and discrimination, retaliation, and harassment litigation. He defends employers in complex class and collective action litigation and single-plaintiff cases before United States federal and state courts, administrative agencies, and in arbitrations.
In addition to his litigation practice, Eric counsels clients spanning diverse sectors on a variety of employment issues, including decisions on adverse employment actions, enforcement of noncompetition agreements or employment contracts, and compliance with the FLSA, ADA, ADEA, and FMLA. He has particular experience counseling clients on state and federal wage and hour issues, as well as wage payment requirements. Eric’s experience includes conducting internal wage and hour audits to help clients properly classify employees as exempt or nonexempt, and to bring other wage and hour practices into compliance.
Eric has a strong commitment to pro bono work. He provides pro bono counseling and training on various employment law matters for non-proﬁt organizations without in-house legal counsel.
During law school, Eric was a judicial intern for Judge Thomas N. O’Neill of the US District Court for the Eastern District of Pennsylvania and a certiﬁed legal intern in the Villanova Civil Justice Clinic.
AWARDS AND AFFILIATIONS
Member, Practice Group of the Year, Labor & Employment, Law360 (2017)
Villanova University School of Law, 2013, J.D., Magna Cum Laude
University of Maryland, 2010, B.A.
HRCI: Approved for 1 General Credit
SHRM: Approved for 1 Professional Development Credit
- 8:00 Breakfast and Networking
- 8:20 Business Meeting, Introductions and "Hot Topics"
- 9:00 Featured Speaker
- 10:00 Professional Networking
ADVANCE REGISTRATIONS SAVE $10
Advance registration pricing closes 3 business days before meeting via online registration or by contacting our Chapter Administrator. The reduced rate schedule is as follows:
- $25 for SEPA SHRM Chapter Members
- $35 for Non-Chapter Members & Guests
- $10 for Full-Time SHRM Student Members
- $0 for Members in Transition (must be SEPA Chapter Members for 1+ years)
LATE REGISTRATION & WALK-INS
Late registrations and walk-ins are welcome. The rate schedule is as follows:
- $35 for SEPA SHRM Chapter Members
- $45 for Non-Chapter Members & Guests
- $20 for Full-Time SHRM Student Members
- $10 for Members in Transition (must be SEPA Chapter Members for 1+ years)
Registrations not cancelled by the day prior to the meeting are non-refundable.