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"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 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.



Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.