Teleworking Case

Teleworking

Introduction:

Teleworking has become popular in companies worldwide. Formally known as telecommuting, telework is a benefit given to employees that allow employees to work easily and productively from home or another remote location (GSA telework). This added benefit allows for employees to be able to balance work and home life. Teleworking opportunities are a great tool for retaining valuable employees and recruiting new employees. Most teleworkers report that they get more done and are more satisfied with their jobs as a result of teleworking.

Although teleworking is a great benefit, I will also discuss some of the labor issues relating to teleworking and teleworking policies throughout this paper. There are issues surrounding organizations and the request unions are including at the bargaining table, labor issues and how those issues can be addressed will also be covered. I will also discuss some of the lobbying efforts in favor for teleworking opportunities.

Issues of labor:

Many companies see teleworking as a benefit that can improve productivity while helping employees balance life demands. However, there are many legal issues with teleworking, wage and hour compliance (Fair Labor Standards Act), occupational safety and health (OSHA) and workers compensation, trade secrets and confidential information, and tort liability to name a few. Although telework has become such a popular working tool for many employees there are still many labor concerns that will need to be addressed.

Wage and Hour Compliance (Fair Labor Standards Act)

Concern with wage and hour compliance (Fair Labor Standards Act) has an impact on those employers that allow telework. The U.S. Fair Labor Standards Act requires employers to record the working hours of each employee, and mandate overtime payment at time-and-a-half for work beyond normal hours. Monitoring the actual work hours of a teleworking employee is a difficult task for the employers. It has become unclear when teleworkers are actually working, preparing to work, and or when they have stopped working. It is up to the employee to document their time spent while teleworking.

In order to help verify employee time and productivity employers have to come up with a standardize telework agreement. If a union is involved, this agreement would be negotiated at the bargaining table. Some teleworking managers may want to require a set schedule for teleworkers, just like if they were in the office. They may also want to have employees check in and check out via email, telephone, or chat.

Occupational Safety and Health (OSHA) and Workers Compensation

Another telecommuting legal issue is the compliance with the U.S. Occupational Safety and Health Administration (O.S.H.A.). OSHA regulations require employees to record work related injuries and illness. Employers face the challenge of ensuring telecommuting employees comply with workplace safety regulations.

Worker's compensation is related to following O.S.H.A., for injuries while on a job site or teleworking. Verifying any injury that has happened while teleworking can be a difficult task for employers. In a traditional office there are witnesses to accidents or injuries and at home, there are no witnesses to validate ones claim. Employers as well as employees need to make sure all work related injuries are reported and well documented.

Trade Secrets and Confidential Information

Another challenge of