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How healthcare employers can avoid the legal perils of a remote workforce

Dawn M. Irizarry (dirizarry@cdflaborlaw.com) is Partner & Chair of the firm’s Healthcare Practice Group, and Carolina A. Schwalbach (cschwalbach@cdflaborlaw.com) is Partner at CDF Labor Law LLP in Los Angeles, CA.

While the number of work-from-home and other remote work relationships has steadily increased over the years, the prevalence of these working relationships was kicked into overdrive early last year when the COVID-19 pandemic forced employers to immediately move their entire workforce to a remote platform. Unlike other service industries, prior to the pandemic, the healthcare industry had not embraced work-from-home and other remote working arrangements due to a variety of concerns; however, since then, all employers, including healthcare employers, have been forced to address these challenges in order to continue operations.

In this article, we will sort through the issues that arise in the healthcare setting when considering work-from-home and other remote work arrangements, including patient privacy issues, wage and hour concerns, and potential issues regarding workplace accommodations. In addition, this article will provide practical guidance regarding an employer’s rights and responsibilities governing remote work arrangements.

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