Telecommuting and the Law
Telecommuting seems to be a wave of the future.
Some employers are offering the option of working
from home to employees, often in a bid to attract
highly qualified women who seek flexibility in
their work. Of course, any offer to an employee
to telecommute cannot be discriminatory. As with
all employment decisions, an employer cannot discriminate
between employees on the basis of race, color,
sex, national origin, religion, disability, or
age when granting flexible work options.
You are
not telecommuting if you are self-employed or
take work home without getting extra pay (we
all fall into this category!). But if you receive
pay for work done off-site—which may be
your home or a special telecommuting space away
from
your main office—then you are a telecommuter.
If you telecommute, you probably do so one to
three days a week, and you probably use your
home computer
and the Internet or e-mail access to do your
work. A survey conducted by Telecommute America
in 2001
reveals that more women than men telecommute
and that they are most likely to be between the
ages
of thirty-five and forty-nine, which is also
when they are likely to have young children at
home.
This poll also shows that the majority of telecommuters
are satisfied with their work style. Of course, there are also some pitfalls to telecommuting.
Some unions oppose it because work from home
is difficult to regulate and has the potential
to
become “sweatshop labor.” Critics
have also pointed out that telecommuting can
isolate
workers. This can lead to a variety of consequences,
from missed promotions to difficulties in undertaking
collective bargaining.
If your employer allows telecommuting, chances
are good that you will be subject to the terms
of a company telecommuting policy or telecommuter
agreement. This should set out the terms of
your telecommuting and state that your telecommuting
should not affect your benefits, bonuses, or
chances of promotion.
You may also need to investigate some of the
following legal issues. These issues may also
apply to you
if you are self-employed and work from home.
Your lawyer can advise you about your particular
circumstances.
Insurance
Your home insurance policy will not necessarily
cover your home office. You’ll have to
read your policy to be sure. Often, the policies
exclude business use. You can probably upgrade
yours to cover the increased risks caused by
the business, and you’ll have to pay a
little more for it. If you use your car in your
work, you may also need to pay extra in automobile
insurance.
Workers’ Compensation
Even if you work at home, your employer will still
need to pay workers’ compensation insurance
contributions on your behalf. This means that
if you are injured at your home while you are
working (e.g., if you suffer carpal tunnel syndrome),
then you may be eligible for money to pay for
medical expenses and to replace income lost as
a result of injuries or illnesses that arise
out of employment. There must be a causal connection
between your injury and an employment requirement.
Occupational Safety and Health Laws
The federal Occupational Safety and Health Administration
(OSHA) has issued a directive stating that it
will not inspect home offices for violations
of federal safety and health rules and it does
not expect employers to do so either. The directive
also states that an employer is not liable for
the safety of conditions at an employee’s
home office. If you complain to OSHA about your
home office, it may informally let your employer
know about the home office condition, but it
will not follow up with you or your employer.
However, to avoid possible workers’ compensation
actions, many employers do provide telecommuters
with ergonomic furniture and advice about home
office setup.
Taxes
Working at home part of the time shouldn’t
affect your federal taxes. However, if your company’s
office is in one state but you do work from your
home in another state, you may be liable for some
state income tax in your home state. You also may
be liable for local income taxes for any money
paid to you for your work at home. The good news
is that you may be able to claim some income tax
deductions for nonreimbursed business expenses
incurred for your home office.
Computers
Even if you’re working at home, your employer
can access records of the websites that you visit
and the e-mails that you send, just as if you were
working in the office. Employers remain concerned
about protecting proprietary information, preventing
harassment, and ensuring that company time is devoted
to company work. Breaching any of these employment
policies remains cause for disciplinary action,
even if you are working from the comfort of your
home office. It’s also important to remember
that your employer probably owns the software on
your computer, and you do not have an automatic
right to use it for nonwork purposes.
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