The Employer’s Wage and Hour Advisor

On October 13, 2022, the United States Department of Labor (the “DOL”) published a new proposed rule to clarify who is an independent contractor under federal wage and hour law (the “Proposed Rule”). The Fair Labor Standards Act (FLSA) protects workers against unfair employment practices by requiring employers to provide certain benefits and protections to employees. Independent contractors are not employees under the FLSA. As such, employers that misclassify workers as independent contractors may wrongfully deny workers of benefits and protections under the FLSA and other laws.

Allowing an employee to work four to five days per week from home is not a reasonable accommodation for most jobs under the Americans with Disabilities Act (ADA) after all. On April 10, 2015, the Sixth Circuit Court of Appeals issued its ultimate decision in  EEOC v. Ford Motor Co., a case arising from Ford’s rejection of an employee’s request to work from home several days per week to accommodate her disability (irritable bowel syndrome).

Allowing an employee to work from home four to five days per week might not be a reasonable accommodation under the Americans with Disabilities Act (ADA) after all. On August 29, 2014, in a rare move, the Sixth Circuit Court of Appeals vacated its earlier three-judge panel decision against Ford Motor Company.

Allowing an employee to work four to five days per week from home may be required as a reasonable accommodation under the Americans with Disabilities Act (ADA).