![]() ![]() If employees work at home in states other than the company’s place of business, determine whether those states’ workers’ compensation rules require insurance coverage to be obtained in each of those states.Įmployers must ensure a workplace free from hazards for home-based employees as well as employees working at other off-site locations.Conduct inspections of telecommuters’ home offices for safety conditions, including ergonomic safety.To assess whether an injury occurred in the course and scope of employment, have a policy that allows access to the telecommuter’s home to investigate any injury that occurs while he or she is working at home.This includes travel between worksites, so telecommuters who are injured traveling to their employer’s office might be entitled to compensation, he advised. And, although an employee generally is not covered for an injury when going to and from work, accidents that occur after an employee’s workday has begun often are compensable. ![]() But the determination of whether a telecommuter’s injury at home is compensable depends on the facts of the case and is extremely difficult to anticipate. Hess, an associate with law firm Squire Sanders in Columbus, Ohio, who focuses on workplace health and safety. Typically, state workers’ compensation laws do not distinguish between on-site and off-site employees, said Kevin Whether the employer must pay for the time employees aren’t working depends on whether the employee is exempt or nonexempt and whether he or she is unable to work because of a technological problem caused by the employer-if the employer’s servers are down, for example-or if the problem is caused by the employee, said Klein and Hager. Have a policy for times when a telecommuting employee is unable to work because of a power outage or technology and equipment failures.Require nonexempt telecommuting employees to sign an agreement acknowledging that they are not permitted to work overtime without prior written approval, and require these employees to clock in and out via e-mail or telephone, advised Kristina Klein, an associate with Atlanta-based law firm Troutman Sanders, and Ashley Hager, a partner at the firm who specializes in.With employees in compressed workweek schedules, employers must adjust the defined workweek so no employee overtime is incurred they must make sure that their timekeeping procedures incorporate any state daily overtime requirement and maximum hour limitation. With telecommuting arrangements, employers must monitor carefully the work hours of employees who are not exempt from federal Fair Labor Standards Act (FLSA) overtime requirements in order to avoid a violation of unpaid overtime. who have employees in flexible work situations need to consider federal, state and local laws that affect these arrangements. Under flexible work arrangements, employees can change the place where their work is done-for example, by working from home or from a mobile location-or the hours when their work is done, with different work start and end times, job sharing or flexible or compressed workweek schedules.Įmployers in the U.S. ![]()
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