Most organizations that have adopted a telecommuting strategy maintain that it increases their employees’ productivity. A recent survey by U.S. West found that 62 percent of those entities with telecommuting policies believe that it is of equal benefit to both the employer and workers.
If your organization is considering offering telecommuting, or if you already have employees who work at home at least part of the time, you should be aware of some potential pitfalls.
Safety
Issues
Allowing an employee to work at home raises issues of safety requirements being
applied to the home office. If an employee will be using an office provided
by another organization or working at home, you may want to review the setup
and arrange a time to inspect the work site to ensure the employee’s safety.
Federal OSHA regulations apply to work performed by an employee in any workplace within the United States, including a workplace located in the employee’s home. All employers, including those who have entered into “work-at-home” agreements with employees, are responsible for complying with the OSH Act and with safety and health standards.
Ensuring safe and healthful working conditions for the employee should be a precondition for any home-based work assignments. Employers should exercise reasonable diligence to identify in advance the possible hazards associated with particular home work assignments and should provide the necessary protection through training, personal protective equipment, or other controls appropriate to reduce or eliminate any hazards. In some circumstances, the exercise of reasonable diligence may necessitate an on-site examination of the working environment by the employer. Employers must take steps to reduce or eliminate any work-related safety or health problems they become aware of through on-site visits or other means.
Employers should review telecommuting practices with state OSHAs, since there may be additional regulations for workplace safety even if the workplace is in a home.
Workers’
Compensation Issues
Employers also will need to determine how to address injuries that occur while
working at home. If an employee slips and falls while making coffee at work
and is injured, workers’ compensation will certainly apply. If an employee
slips and falls while making coffee at home (if home is the employee’s
workplace) and is injured, workers’ compensation will arguably still apply.
Employers will need to consider implementing policies describing how home-based employees report injuries for safety and workers’ compensation purposes.
Wage and
Hour Issues
Employees working from home are subject to the same wage and hour laws as on-premises
employees. If the employee is nonexempt, what methods will be used to ensure
proper time keeping and to monitor overtime? Employees who work at home may
work extra hours, resulting in overtime liability for overtime-eligible employees.
Under the federal Fair Labor Standards Act, employees must be paid for all hours
they are “suffered” or permitted to work. When the employer knows
or should have known employees are working more than 40 hours per week, the
employer will be liable for the overtime. If the work at home employee is nonexempt,
some precautions should be taken to educate the employee and enforce the wage
and hour policies.
Privacy
Issues
Employees using home computers supplied by the employer can also create privacy
issues if employers expect to be able to access the computers for business reasons,
such as repairs or maintenance. Most employees would believe that they could
keep private information, such as financial and medical information, on their
home computer. Employer policies should clarify whether the employer will have
ongoing access and whether employees have an expectation of privacy as to the
information on their home computers.
Practical
Management Issues
The are several important logistical considerations that must be addressed before
you implement a telecommuting policy:
Selecting telecommuters. Will there be a waiting period before new employees are allowed to telecommute? It is often best to determine whether an employee has the self-discipline and initiative to be a successful telecommuter. Self-directed employees are more successful at working at home, since doing so requires discipline and focus. Employees that require substantial social interaction may be frustrated by the lack of contact with other employees. Ad hoc decisions about who is allowed to telecommute should not be made. Decisions to award telecommuting arrangements should follow an established policy.
Expectations. The manager should establish a schedule for when an employee should check in for voice-mail and email messages, come in to attend meetings, or call in via videoconferencing or a telephone conference call.
Equipment, supplies, and expenses. Will your organization provide equipment and office supplies for employees who are telecommuting? If so, how will those resources be allocated? How will you reimburse for telephone, faxes, Internet access, and other related expenses?
These issues can
be worked out with some planning and an understanding on the part of the employee,
employer, and manager regarding expectations and details of the arrangement.
A written policy and telecommuting agreement can document these details.
The telecommuting policy can be simple, but must address the issues outlined
above. Once you have drafted your policy, consider whether you want to use a
separate telecommuting agreement. Some specific details you might want to document
for each telecommuter are the following:
Remote work location: street address, city, state, zip code, and phone number(s).
Description of remote work site (for example, the employee’s home office).
Telecommuting schedule (for example, every Tuesday or the first Monday of each month or on an as-needed basis arranged in advance).
Telecommuting work hours: starting and ending hours, meal and other breaks.
Description of organization’s assets or property to be used at the remote work site (for example, laptop computer, PDA, fax machine). List all assets along with asset tag numbers. Consider getting the employee to sign a release form for the equipment.
The following is a sample telecommuting agreement:
TELECOMMUTING AGREEMENT
I have read and understand the Telecommuting Policy dated _______ and I agree to the obligations, responsibilities, and conditions set forth in the policy.
I agree that I am responsible for
I understand that
telecommuting is voluntary. I may stop telecommuting at any time. I also understand
that the agency may change or discontinue its telecommuting policy at any time.
Additionally, for business reasons or reasons relating to my job function or
performance, permission to telecommute may be withdrawn at any time.
Employee Signature______________________________________________ Date_____________________
Supervisor’s Signature____________________________________________ Date_____________________
Reprinted from Council’s HR Today newsletter. To subscribe or order a free trial subscription, click here.
Council’s Certificate in Human Resource Management and Certificate in Public Sector HR Management programs are 4½-day events that will provide you with a comprehensive overview of all aspects of employment law and HR management best practices. For high-level HR managers, directors, and VPs responsible for designing and implementing HR policies and practices that are in alignment with organizational goals, Council now offers an Advanced Certificate in Human Resource Management program. Click on the links above for more information, including detailed agendas, dates, and locations.