Hartford Business Journal

HARTFORDBUSINESS.COM | JULY 22, 2024 17 FOCUS | WORKPLACE modation and whether working from the office is considered essential to Belval's job, Goselin told The Washington Post. Two circuit courts have ruled that remote work could be considered reasonable, he told the publication. Attorney Patrick McHale, of Hart- ford-based Kainen, Escalera & McHale, who is not involved in the case, said work-from- home policies during the pandemic created a basis for employees to claim that a remote work arrangement is a reasonable accommodation. "When you have a track record or a history of having allowed people to work from home, it becomes hard to argue later that if someone with a disability presents a request to work from home, provided that the person is able to perform the duties of the position with that accommodation, it becomes a hard strategy for a business to refuse," McHale said. Work or vacation? Remote work policies vary in their level of flexibility. Some employers' policies address whether "working remotely" is limited to working from home, or whether alternative locations are allowed. For example, Schwartz said he met an employee who worked remotely from a beach. Not all employers would allow that amount of flexibility, as there are liability issues involved, he said. Also, when employers have employees working remotely in other states, it can create confusion about which state's laws apply. For example, if a person works at home in Connecticut for a company based in New York, which state's employment laws apply? It's often unclear. "What if the employee gets injured at home?" Schwartz said. "Is it a worker's comp injury in New York or in Connecticut? There are all these issues that I think employers have had to grapple with as they accept more hybrid work." McHale said employers that allow hybrid work seem to have arrived at a consensus that three is the ideal number of days for in-person work. "That's the most common expec- tation that employers are having," McHale said. "But there's no doubt that the hybrid model of working at home and in an office is here to stay, because employees have enjoyed it." Employee perk In light of the ongoing worker shortage, McHale said employers are eager to retain and attract talent, and many employees consider the ability to work remotely a significant priority. According to a recent Gallup survey, six out of 10 employees with remote-capable jobs want a hybrid- work arrangement. About 33% prefer fully remote work; less than 10% prefer to work fully on-site. Even in jobs that could be 100% remote, McHale said it's important for workers to spend time in the office together. "I think businesses have concluded that for the purposes of mentoring, and employee interaction and team building, it's important that employees come together in a workplace for at least some portion of the workweek," McHale said. "Having everybody siloed in their homes has drawbacks." While compromises are occurring on both sides of the bargaining table, McHale said there are times when an employee and their employer reach an impasse. "Businesses need to be reasonable in terms of their expectations, and employees need to be reasonable in terms of what reasonably their employer could expect and why," McHale said. "95% of the time, both sides are reasonable, and employees can work from home for a few days a week, and if there's a need for more than a couple of days, it gets worked out and there are no disputes about it. But it's when one party or the other expects the extreme — 'always this way, or never that way' — that you see people getting litigious." Patrick McHale 80% 70% 60% 50% 40% 30% 20% 10% 0 Work locations for U.S. employees with remote-capable jobs JAN '19 MAY '20 JUN '21 FEB '22 NOV '22 MAY '23 NOV '23 FEB '24 FULLY REMOTE (%) HYBRID (%) FULLY ON-SITE (%) Source: Gallup Join us as we recognize and honor outstanding C-Level Executives who are excelling in leadership! OCTOBER 10 AT FARMINGTON GARDENS PRESENTED BY MAJOR SPONSOR SUPPORTING SPONSOR SUPPORTING SPONSOR FOR EVENT TICKETS GO TO: HartfordBusiness.com/HBJ-Events or scan the QR CODE

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