Download or read book Legal Issues Abound in World of Telecommuting Including written by Kenneth A. Winter and published by . This book was released on 2007 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: While telecommuting gains momentum, it remains fraught with practical and legal considerations: caution is advised in assessing benefits and liabilities. Telecommuting is defined as using telecommunications technology to allow employees to work from remote locations (including the field, while traveling, or most typically from their homes) instead of commuting to a conventional workplace at a conventional time. By definition, telecommuting decentralizes, defying conventional notions of how work, workers and the "workplace" are structured. Technological advancements in the form of better network connectivity, faster handheld devices, and improved and less expensive portable computing are creating more opportunity for many workers to work outside the office. In addition, state and federal governments are beginning to emulate private industry by revising and updating their policies to add telecommuting as a means of attracting and retaining skilled white-collar workers, and to remain flexible and competitive in today's tight labor market. Proponents argue that telecommuting can improve productivity, while helping employees balance life demands. Opponents argue that there are many pitfalls in telecommuting, including isolation, lessened productivity, and reduced teamwork, synergy and camaraderie. A literature search reveals that telecommuting cases are gaining momentum in the workplace and in the courtroom. Both employers and the courts are reconciling this new paradigm with employment laws that predate modern technology. The most common legal liability seems to stem from workers' compensation concerns and the fact that it is often unclear precisely when telecommuters are working, when are they preparing to work, and when they have temporarily stopped working. In addition, there have been some cases where employees requested telework arrangements as a "reasonable accommodation" under the Americans with Disabilities Act. In 2000 a trial balloon on regulating home offices caused an uproar in the popular press and OSHA issued a formal directive to soothe concerns about possible intrusions into workers' homes, 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. Still, many employers remain wary of telecommuting. These are just a few of the issues that have sprung up around telecommuting. The following literature search presents a wide variety of articles covering the topic from many different angles. Many emphasize the need for (and some give examples of) telecommuting agreements and an understanding of how teleworkers will be managed. Some also clarify alternative work arrangements that take advantage of telecommuting technology and opportunities as alternatives to full-time telecommuting. Those options include but are not limited to: job sharing, flex time, partial telecommuting, working as an independent contractor, and working as a leased or contract employee.