The business shutdowns that were the result of the COVID-19 pandemic may be long over, but there are still many employees throughout Ohio who are working from home. Some spend all of their work time at home, while others are starting to operate on a hybrid model, which requires them to be in the office for a period of time and allows them to work during other hours. Employees who work remotely or on a hybrid model often wonder how the law applies to their work. Below, our Ohio employment lawyer explains the most important laws regarding working from home.
The Fair Labor Standards Act (FLSA) stipulates that all employers must provide their employees with proper wages for any hours they know an employee remotely worked. Employers should have constructive knowledge of the regular hours an employee works, but employees are responsible for informing employers of any additional or unreported hours.
In response to how the COVID-19 pandemic has affected employment, the Ohio Administrative Rule 3341-5-42 came into effect on January 6, 2021. This rule outlines very specific requirements for remote work, and they are as follows:
Now that businesses are open, many employers are asking their employees to return to the workplace. Sometimes, this is on a partial basis, while other times, employers ask their employees to return full-time. Generally speaking, employers do have the right to dictate where their employee works. However, some factors could impact whether or not this is a legal demand. These include:
In the most extreme cases, employers may also threaten to fire their workers if they do not return as requested. In some cases, such action may result in a wrongful termination that can be filed against the employer, but that is not always true. An Ohio employment lawyer can advise on when a termination is against the law.
If you have been working remotely and are now concerned that your employer is violating your rights, our Ohio employment lawyers can advise on your case. At Marshall, Forman & Schlein, we are dedicated to helping employees exercise their rights, and we will put our experience to work for you. Call us now or contact us online to schedule a consultation and learn more about your legal options.
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