In the News

Muskovitz Authors Law360 Article on Legal Considerations of Telecommuting

Growing Trend Can Impact Employers In Unexpected Ways

July 19, 2012

Mel Muskovitz, a member in Dykema’s Labor and Employment Practice Group, wrote an article, “On The Road: Legal Considerations Of Telecommuting,” that appeared in Law360. While it’s difficult to gauge the exact number of employees who telecommute—that is, work from home either full-time or part-time—current estimates range between 9 and 25 million people, a figure that is growing dramatically.

Muskovitz notes that, because of the legal implications triggered by off-site workers, employers need to critically examine several issues before authorizing telecommuting. Among these: 

  • U.S. Occupational Safety and Health Administration (OSHA)—Employers need to keep records of all work-related injuries, no matter where they occur
  • Workers Compensation—Employers are not shielded from workers’ compensation claims even when employees work at home or remotely
  • Information Security—Employers need to be particularly mindful of keeping proprietary and confidential information secure with respect to employees who work off-premise
  • Taxes—When a telecommuter’s home office is in a different state than where the employer’s business is located, there could be adverse tax consequences

Muskovitz counsels that employers who authorize employees to work off-site have a comprehensive policy that addresses these and other circumstances that result from telecommuting.

Click here to read the full article.