The Berger Law Firm, P.C. |
|||
1825 Eye
Street NW, Suite 400
|
|||
| Home Back
to: |
With the tremendous growth in telecommuting and e-mail over recent years, the company holiday party may be one of the few opportunities for high tech managers to see their entire staff assembled in the same place at the same time. The rapid evolution of electronic communication and computer technology has given employees an unprecedented level of mobility. This has, in turn, precipitated an entirely new set of concerns for managers and supervisors seeking to maintain and monitor a happy and motivated workforce, without running afoul of established employment laws. Commonly viewed as a win/win situation for both the company and employee, telecommuting can provide flexibility in the working relationship that allows the employer to conserve office space, attract a wider range of employees, and in certain municipalities, take advantage of environmental and pollution control incentives. Similarly, the employee can reduce stressful commutes, work in a more comfortable environment, and schedule around personal or family considerations. In most instances, an effectively implemented telecommuting arrangement can increase productivity, loyalty, and morale, while reducing costs. There are, however, several legal, managerial, and interpersonal concerns that must be addressed if a telecommuting program is to be successful. Currently, courts view telecommuting as a form of job benefit which must be implemented pursuant to policies and procedures, and in a non-discriminatory manner. Clearly defined guidelines delineating such things as which job categories are to be included, the criteria for employee participation, and the rationale for making these choices can reduce the likelihood of discrimination and other employment law claims. A structured approach also provides managers with the opportunity to evaluate telecommuting-commuting as a system and gives telecommuters a greater level of integration into the workforce. Unfortunately, employers who have neglected to work through these issues have been sued for overtime violations, failure to reasonably accommodate disabled employees, and employment discrimination. Moreover, a successful telecommuting program must address the Family and Medical Leave Act, OSHA requirements, worker's compensation and insurance, employee privacy and employer confidentiality, and other issues peculiar to this new workplace environment. While it is easy to become caught up in the technological wizardry and utopian promises of the workplace of the future, it is equally important to remain cognizant of the human issues involved. An effective telecommuting program is inherently dependent upon effective telecommuters. Not all employees are well suited to the unique responsibilities and pressures of this "home alone" relationship. While some employees thrive in an isolated work environment and quickly adapt to electronic communication, others require social interaction with coworkers in the office and become alienated and less productive when that connection is lost. In addition, telecommuting requires considerable self-motivation and should only be considered by employees who demonstrate acceptable performance. With all of these considerations, many companies approach telecommuting-commuting with a measure of trepidation. Moreover, managers and supervisors are often faced with their own concerns, such as monitoring hours and productivity, communicating with remote employees, and coordinating staff schedules and projects among a highly mobile workforce. Fortunately, most of the concerns with telecommuting can be easily managed with appropriate planning and training. A proactive telecommuting strategy can provide the structure and guidance essential to an effective and efficient high tech workplace, freeing everyone to enjoy the holiday season. Copyright © 1998 Jeffrey Berger REPRINTED FROM:
|
||
