Friday, March 29, 2013

Telecommuting Concerns…4 Areas of Possible Liability


The trend of employees who are telecommuting is picking up even more steam. In 2009, 34 million employees telecommuted in the United States, at least part of the week. Estimates are that by 2016, 63 million workers, or 43 percent of the US work force, will telecommute. The benefits of allowing telecommuting are numerous and wide ranging: increased productivity; increased job satisfaction; reduced absenteeism; lower employee turnover; reductions in traditional fixed expenses such as energy costs, office rental, and parking; improved customer service; improved employee morale; and reduced employee stress and improved wellness.

However, there are important legal and HR compliance concerns that every employer who permits telecommuting should know about.

1)  Wage-Hour Laws. You are still responsible for staying in compliance with all state and federal overtime laws for telecommuting employees. Establish a policy that clearly states what work is permissible and when. Also, you could chose to automatically record, by computer, the number of hours worked online each week.

2) Workplace Safety Laws. The Occupational Safety and Health Act which makes employers responsible for workplace safety applies to telecommuters, even those working from home. Employers may require telecommuters to have a designated workplace inspected and approved by the company.

3) Confidential Information.  Employers can require telecommuting employee to follow certain protocols with regards to passwords and secure protected networks.

4) Texting While Driving. With mobile smartphones, employees can work from their phones anytime, anywhere. Employers should institute the appropriate policies and procedures in regards to prohibiting texting while driving.

For more information on policies for telecommuters, call your Lowden & Associates partner at 770.248.0401.

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