DON'T FORGET THE LEGAL RAMIFI-CATIONS OF WORKING AT HOME
Legal ramifications of flexible work situations
Date published: 8/10/2008
WASHINGTON --With the price of gas rising each week, many employees are willing to forgo previously desired job opportunities to find one with a less expensive commute.
In response to this trend, many employers are implementing flexible work schedules and allowing employees to telecommute. This trend appears to benefit both employers and employees--reduced overhead costs and increased productivity for employers and a reduction in time and money spent commuting along with an increase in flexibility and work-life balance for employees. But several legal issues should be considered prior to implementing, or taking advantage of, a flextime work schedule or telecommuting policy.
Wages and Overtime
As technology improves and employees spend more time out of the office, employers should ensure they have policies and procedures in place to address any wage, hour, and overtime issues that result. Currently, many employees begin their workdays prior to arriving at the office, and many more continue to work from home in the evenings.
Under the Fair Labor Standards Act, covered employers must pay non-exempt employees for all overtime hours worked. Therefore, employers should make sure at-home employees are working only their agreed number of hours and should remain sensitive to work habits that could result in overtime hours.
Employers should determine how to record hours worked by employees at home, including time spent reviewing business materials on company-issued electronics. Developing a system to monitor regular work hours, meal breaks, and overtime will help avoid liability for unforeseen wage and hour issues.
Data Security
When employees take advantage of a flexible work schedule or decide to telecommute, company information is no longer contained to the workplace. An employer's data security policies must address this change in work environment and protect an employee's privacy. Employees who transfer sensitive material between personal and work e-mail accounts to allow them to work from home are putting both themselves and their companies at risk.
Virginia's data security laws leave individuals and companies vulnerable to fines and private lawsuits as a consequence of any data security breach that could cause identify theft or fraud against any Virginia resident.
Additionally, privacy issues may arise for an employer when an employee telecommutes. Transfer of data from work to personal computers may compromise an employer's confidential information.
Alyson J. Guyan is an associate with Littler Mendelson and is a member of the Virginia Bar and the District of Columbia Bar. Marissa L. Caylor is a law clerk for the same firm. |
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Date published: 8/10/2008
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