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DEALING WITH EMPLOYEE "TELECOMMUTERS" By:
Janet E. Lanyon
As companies become electronically networked, there has been
greater interest on the part of employees and some employers in permitting
employees to work from home. In
considering such "telecommuting" arrangements, there are several
legal issues that employers should keep in mind:
Confidentiality Policies.
Employers who wish to protect proprietary information (or confidential
customer information) should establish policies regulating the removal
of such documents from company offices for the purpose of working at
home.
Workers’ Compensation Claims.
It may be difficult for an employer to determine the facts relative
to an on-the-job injury that occurs while an employee is working at
home. Employers should
assure that their policies regarding reporting of on-the-job injuries
clearly apply to injuries suffered while working at home and should
work with their workers’ compensation carriers to assure that coverage
requirements are met.
Wage and Hour Claims.
A non-exempt employee who is permitted to telecommute is often
on the "honor system" in reporting his/her hours worked.
Employers should assure that their written policies clearly reflect
their expectations regarding authorization for overtime work and the
consequences of falsely reporting hours worked.
Employment Discrimination Claims.
Employers who permit telecommuting should establish business
criteria for determining the circumstances under which an employee will
be permitted to work at home.
State and federal laws prohibiting discrimination based on protected
classifications (age, race, sex, national origin, disability, etc.)
apply to the grant/denial of a perquisite or benefit such as the ability
to work from home. The
employer should be prepared to justify such decisions with provable
business reasons.
Electronic Communications by Telecommuters.
An employer should assure that it has policies regarding use
of the internet and electronic mail and that those policies apply to
employees who are working from home so as to control the employee’s
work-related use of these electronic media. The evolution and expansion of the "workplace" presents new challenges along with new opportunities. Consideration by employers of potential legal issues before creating a telecommuting arrangement may save them from unanticipated liability. |
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