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TECHWORKPLACE
by Jeffrey L. Berger, Esq.
Jeffrey L. Berger specializes in management-side employment and business law, and related litigation in
Washington, D.C., and nationally. Questions and comments on the TECHWORKPLACE are
encouraged. Other articles are available at www.bergerlaborlaw.com.
HOME ALONE:
ADVENTURES IN TELECOMMUTING
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With the tremendous growth in
telecommuting and e-mail over recent years, the company holiday party may be one of the
few opportunities for high tech managers to see their entire staff assembled in the same
place at the same time. The rapid evolution of electronic communication and computer
technology has given employees an unprecedented level of mobility. This has, in turn,
precipitated an entirely new set of concerns for managers and supervisors seeking to
maintain and monitor a happy and motivated workforce, without running afoul of established
employment laws.
Commonly viewed as a win/win situation for both the
company and employee, telecommuting can provide flexibility in the working relationship
that allows the employer to conserve office space, attract a wider range of employees, and
in certain municipalities, take advantage of environmental and pollution control
incentives. Similarly, the employee can reduce stressful commutes, work in a more
comfortable environment, and schedule around personal or family considerations. In most
instances, an effectively implemented telecommuting arrangement can increase productivity,
loyalty, and morale, while reducing costs.
There are, however, several legal, managerial, and
interpersonal concerns that must be addressed if a telecommuting program is to be
successful. Currently, courts view telecommuting as a form of job benefit which must be
implemented pursuant to policies and procedures, and in a non-discriminatory manner.
Clearly defined guidelines delineating such things as which job categories are to be
included, the criteria for employee participation, and the rationale for making these
choices can reduce the likelihood of discrimination and other employment law claims. A
structured approach also provides managers with the opportunity to evaluate
telecommuting-commuting as a system and gives telecommuters a greater level of integration
into the workforce. Unfortunately, employers who have neglected to work through these
issues have been sued for overtime violations, failure to reasonably accommodate disabled
employees, and employment discrimination. Moreover, a successful telecommuting program
must address the Family and Medical Leave Act, OSHA requirements, worker's compensation
and insurance, employee privacy and employer confidentiality, and other issues peculiar to
this new workplace environment.
While it is easy to become caught up in the
technological wizardry and utopian promises of the workplace of the future, it is equally
important to remain cognizant of the human issues involved. An effective telecommuting
program is inherently dependent upon effective telecommuters. Not all employees are well
suited to the unique responsibilities and pressures of this "home alone"
relationship. While some employees thrive in an isolated work environment and quickly
adapt to electronic communication, others require social interaction with coworkers in the
office and become alienated and less productive when that connection is lost. In addition,
telecommuting requires considerable self-motivation and should only be considered by
employees who demonstrate acceptable performance.
With all of these considerations, many companies
approach telecommuting-commuting with a measure of trepidation. Moreover, managers and
supervisors are often faced with their own concerns, such as monitoring hours and
productivity, communicating with remote employees, and coordinating staff schedules and
projects among a highly mobile workforce. Fortunately, most of the concerns with
telecommuting can be easily managed with appropriate planning and training. A proactive
telecommuting strategy can provide the structure and guidance essential to an effective
and efficient high tech workplace, freeing everyone to enjoy the holiday season.
Copyright © 1998 Jeffrey Berger
REPRINTED FROM:
TECHGAZETTE - January 1999, Vol. 2, No. 1
The Berger Law Firm, P.C. 1120 20th St. N.W., Suite 300, Washington, D.C.
20036.
Phone: (202) 861-1361 Fax: (202) 861-1362
Legal advice is case specific and is not intended to be provided by this article.
The Berger Law Firm, P.C. may not be held responsible for any consequences
that may arise in connection with the use of or reliance on the information provided.
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