“Telecommuters Are Reaching Out to Sue Their Employers”

A possibly more accurate headline on this National Law Journal article from last month would have been, “Class-Action Lawyers Are Reaching Out to Sue Employers on Behalf of Telecommuters”. And for many of the putative beneficiaries,the consequences are apt to be unpleasant: some employers will curtail their use of telecommuters, while others will insist on […]

A possibly more accurate headline on this National Law Journal article from last month would have been, “Class-Action Lawyers Are Reaching Out to Sue Employers on Behalf of Telecommuters”. And for many of the putative beneficiaries,the consequences are apt to be unpleasant: some employers will curtail their use of telecommuters, while others will insist on legally defensive paperwork and work rules which add dreariness to the job, such as those suggested by a lawyer with one leading employment-defense firm:

Companies can minimize the risk of legal disputes with work-at-home employees by inking formal agreements about the work and hours, said Mark Batten, a Boston lawyer for New York-based Proskauer Rose.

Batten, a defense attorney, also recommends timesheets, a written policy banning overtime without prior approval and rules requiring employees to monitor and record work-related activities such [as] logging on or off a computer. …

“Just allowing employees to work at home without an understanding about how much time is actually needed for work will get the employer in trouble,” Batten said.

(cross-posted from Point of Law).

One Comment

  • This is crap. I have worked via VO (virtual office) for > 6 years. My employer affords me the ability to work on MY terms. Yes, we are expected to be in the “office” when mildy sick however, I can have time with my children. This is not available to office workers. If my work can be outsourced to [India/China/wherever], I can surely work for less cost than an office employee in the US. My cost to my employer my salary + the cost of my internet connection. Not the cost of network, heating/cooling, lighting, office building. So, this should be the future of IT, not lawsuits.