Biblio on Telecommuting

7/28/2019 Biblio on Telecommuting

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Laws

Telecommuters

Home Office Workers

Telecommute

KEY SEARCH TERMS:

Telecommuting

VDOT Research Library530 Edgemont RoadCharlottesville, VA 22903Ph: (434) 293-1959Fax: (434) [email protected]

Legal Issues Abound in World of TelecommutingIncluding: Workers Compensation, Tax Issues,And Compliance with ADA and OSHA Regulations

Prepared by Ken Winter, September 2007

Research Synthesis Bibliographies (RSBs) are distillations of relevant transportation research on currenttopics of interest to researchers, engineers, and policy/decision makers. Sources cited are available forloan (or available through Interlibrary Loan) to VDOT employees through the VDOT Research Library.

Research Synthesis Bibliography No. 12


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While Telecommuting Gains Momentum, It Remains Fraught with Practical andLegal Considerations: Caution is Advised in Assessing Benefits and Liabilities

Telecommuting is defined as using telecommunications technology to allow employees to work fromremote locations (including the field, while traveling, or most typically from their homes) instead ofcommuting to a conventional workplace at a conventional time. By definition, telecommuting

decentralizes, defying conventional notions of how work, workers and the workplace are structured.

Technological advancements in the form of better network connectivity, faster handheld devices, andimproved and less expensive portable computing are creating more opportunity for many workers to workoutside the office. In addition, state and federal governments are beginning to emulate private industry byrevising and updating their policies to add telecommuting as a means of attracting and retaining skilledwhite-collar workers, and to remain flexible and competitive in todays tight labor market.

Proponents argue that telecommuting can improve productivity, while helping employees balance lifedemands. Opponents argue that there are many pitfalls in telecommuting, including isolation, lessenedproductivity, and reduced teamwork, synergy and camaraderie. A literature search reveals thattelecommuting cases are gaining momentum in the workplace and in the courtroom. Both employers andthe courts are reconciling this new paradigm with employment laws that predate modern technology.

The most common legal liability seems to stem from workers compensation concerns and the fact that itis often unclear precisely when telecommuters are working, when are they preparing to work, and whenthey have temporarily stopped working. In addition, there have been some cases where employeesrequested telework arrangements as a reasonable accommodation under the Americans withDisabilities Act.

In 2000 a trial balloon on regulating home offices caused an uproar in the popular press and OSHAissued a formal directive to soothe concerns about possible intrusions into workers' homes, stating that itwill not inspect home offices for violations of federal safety and health rules, and it does not expectemployers to do so either. Still, many employers remain wary of telecommuting.

These are just a few of the issues that have sprung up around telecommuting. The following literaturesearch presents a wide variety of articles covering the topic from many different angles. Many emphasize

the need for (and some give examples of) telecommuting agreements and an understanding of howteleworkers will be managed. Some also clarify alternative work arrangements that take advantage oftelecommuting technology and opportunities as alternatives to full-time telecommuting. Those optionsinclude but are not limited to: job sharing, flex time, partial telecommuting, working as an independentcontractor, and working as a leased or contract employee.

--- Ken Winter, MLIS


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Databases Searched for this RSBInfoTracJ-STORLegalTracLegal Periodicals Full Text

TRIS OnlineTRANSPORTWorldCat

OVERVIEWResearch Synthesis Bibliographies (RSBs) are selected lists of resources on current topics of interest toVDOT employees or divisions. When available, links to online documents are provided. In some casesthe library has printed copies of these documents and that is indicated.

RSBs are selective listings, organized and distilled from the larger universe of materials to save theresearchers time. Selection criteria used by library staff include authority, relevance, and timeliness.

GETTING RESOURCES LISTED HEREFull text copies of all resources listed in this document are available in the VDOT Research Libraryscollections, via online links, or through Interlibrary loan. In many cases, the VDOT Research Library ownsboth virtual and hard copies of documents, as well as formats such as CD-ROM.

Library staff is available Monday-Friday 8:00-5:00. Dont hesitate to contact us if you have a referencequestion, a question about our lending policies, or need any other kind of help.

Library Checkout and Interlibrary Loans Requests:Misty Boos, Circulation [email protected]

Reference Questions:

Ken Winter, Director Library/Info. [email protected]

Cataloging & Technical Services Questions:Pat DeSalvo, Associate [email protected]
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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INITIAL READING

The following books, reports and articles provide a good overview of the issues involved with

telecommuting contracts and practice, including some information published by federal, state,

or local government agencies. There are a few reports affiliated with Departments of

Transportation. Many of these reports and articles focus on legal aspects of telecommuting

and several offer practical guidance on key points to consider when creating a telecommuting

program or in creating employee telecommuting agreements.

City Of Seattle Employee Telecommuting Policy Project

PUB. DATE: 1990s

SOURCE: Urban Consortium Energy Task Force, Public Technology, Energy Program, et al.

, [i], 11, [6] : ill. ; 27 cm.; Geographic: Seattle (Wash.) -- Officials and employees --

Transportation.; Note(s): "A Project of the Public Technology, Inc. Energy Program."/

Funding: Performed by the Seattle Engineering Department and funded through the Urban

Consortium and the U.S. Department of Energy.; General Info: Phase I final project

report./ January 1992-June 1, 1993.; Responsibility: Urban Consortium Energy Task

Force.; Entry: 19991222; Update: 19991222.

ABSTRACT: unavailableDATABASE: WorldCat

ACCESS: Available through Interlibrary Loan.

The Costs And Benefits of Telecommuting : A Review And Evaluation Of Micro-

Scale Studies and Promotional Literature

PUB. DATE: 2000

SOURCE: Kevan R. Shafizadeh, Partners for Adanced Transit and Highways (Calif.),

California, et al. , v; ill. ; 28 cm.; Note(s): "Performed ... in cooperation with the State of

California Business, Transportation, and Housing Agency, Department of Transportation;

and the United States Department of Transportation, Federal Highway Administration."/

"August 2000."/ Includes bibliographical references (p. 46-49)./ Also available on the

Internet. Adobe Acrobat Reader required.; Responsibility: Kevan R. Shafizadeh ... [et al.](University of California, Davis).; Date of Entry: 20001004; Update: 20070111.

ABSTRACT: In this report, four small-scale telecommuting pilot project studies that take

into account costs and benefits are reviewed for their methodology and assumptions. The

report identifies common inputs, critical assumptions, and limitations of the studies. In

addition, the major findings of each study are presented and compared to claims found in

promotional literature. It is found that few pilot evaluations contained cost-benefit results.

DATABASE: WorldCat

ACCESS: http://www.path.berkeley.edu/PATH/Publications/PDF/PRR/2000/PRR-2000-

13.pdf

Conference Proceedings, Minnesota Telecommuting Conference, May 15-16,

1991, Bloomington, Minnesota

PUB. DATE: 1991

SOURCE: Mary E. Brauer, Minnesota and Dept. of Transportation. , 79 p. ; 28 cm.;

Note(s): Includes bibliographical references (p. 64).; Responsibility: sponsoring

organizations, Minnesota Department of Transportation ... [et al.] ; edited by Mary Brauer.

ABSTRACT: Unavailable.

DATABASE: WorldCat

ACCESS: Available through Interlibrary Loan

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http://www.path.berkeley.edu/PATH/Publications/PDF/PRR/2000/PRR-2000-13.pdfhttp://www.path.berkeley.edu/PATH/Publications/PDF/PRR/2000/PRR-2000-13.pdfhttp://www.path.berkeley.edu/PATH/Publications/PDF/PRR/2000/PRR-2000-13.pdfhttp://www.path.berkeley.edu/PATH/Publications/PDF/PRR/2000/PRR-2000-13.pdfhttp://www.path.berkeley.edu/PATH/Publications/PDF/PRR/2000/PRR-2000-13.pdf


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The Expanding Workplace: Telecommuting and Legal Liability Under OSHA, ADA,

and Workers' Compensation

PUB. DATE: 1999

SOURCE: David R. Wade. Labor Law Journal, Vol. 50, No. 4, p. 252.

ABSTRACT: The trend toward telecommuting work arrangements poses challenges to

established employment law doctrines. Although precise estimates of the number of

telecommuters is difficult to establish, it is frequently reported that there were 11.1 million

telecommuters in the U.S. in 1997, compared with 8.5 million in 1995. Moreover,

telecommuting, and other flexible work place arrangements, will become increasingly

common in the coming years. As a result, concerns and difficult questions with regard to

employment law will also become more prevalent, and legislative guidelines or

administrative rules will be needed in order to assist the decision-making bodies that are

called on to adjudicate in such cases.


DATABASE: Legal Periodicals Full Text

ACCESS: Available through Interlibrary loan

Final Evaluation Report On Year One of The Hawaii Telework CenterDemonstration Project

PUB. DATE: 1991

SOURCE: Anonymous, SMS Research, Hawaii and Dept. of Transportation. , 59, [2] leaves

: map ; 28 cm.; Note(s): Cover title./ "January 8, 1991."; Responsibility: SMS Research ;

prepared for Department of Transportation, State of Hawaii.


DATABASE: WorldCat


Final Report On Telecommunication Shared Resources Legal And Institutional

Issues

PUB. DATE: 1997SOURCE: United States and Dept. of Transportation. , Named Corp: United States. Dept.

of Transportation -- Management.


DATABASE: WorldCat


Homework

PUB. DATE: 2000

SOURCE: William J. Kilberg. Employee Relations Law Journal, Vol. 26, No. 1, p. 1.

ABSTRACT: The Labor Department has been reluctant to recognize that many of its

policies and interpretations are out of step with a changing workplace. On November 15,

1999, the Occupational Safety & Health Administration (OSHA) of the Department of Labor

responded to a two-year-old query from CSC Credit Services in Houston asking what its

obligations would be if it permitted some of its sales executives to work at home. Although

the Safety and Health Act applies to "workplaces" without defining them, OSHA's letter

disregards any duty the agency might have to provide a rational definition of the Act's

language and assumes that the Act must apply. Although ordering the letter withdrawn in

the wake of protest from Congress, business groups, and others, neither the Secretary of

Labor nor the Assistant Secretary for OSHA exhibited any appreciation for the silliness of

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their policy, and, instead, both reasserted that home work sites are subject to government

regulation, irrespective of the nature of the activity involved. Jobs today are more flexible

and adaptable to the U.S. worker, and telecommuting has offered employees new

freedom, but instead of welcoming these trends, the Department is extending its authority

to oppose them.

DATABASE: LegalTrac


House Will Scrutinize DOL Letters; OSHA Advisory On Telecommuter Safety

Prompts a Hearing

PUB. DATE: 2000

SOURCE: Anonymous , National Law Journal, 02/07, Section 22, Issue 24, p. B1.


DATABASE: LegalTrac


Implementing Telecommuting

PUB. DATE: 1994SOURCE: Wendell H. Joice, United States, Dept. of Transportation, et al. , 38 p. ; 28 cm.;

Note(s): Cover title./ In cooperation with the Technology Sharing Program./ "Interagency

Telecommuting Program."/ "DOT-T-94-10."/ Report: DOT-T-94-26.


DATABASE: WorldCat

ACCESS: Available at the VDOT Research Library, Call Number: HD 2336 .U5 J64 1994

International Workshop on Planning Regional Telecommuting Programs

Workshop Proceedings

PUB. DATE: 1997

SOURCE: Katherine F. Turnbull, United States, Dept. of Transportation, et al. , ix; ; 28

cm.; Note(s): Workshop held Nov. 3-5, 1997 at the Arnold and Mable Beckman Center,

Irvine, Calif./ "May 1997."/ Funding: "Presented by U.S. Department of Transportation and

the Travel Demand Management Committee, Telecommunications and Travel Behavior

Committee, Transportation Research Board, National Research Council."


DATABASE: WorldCat


The Law of Telecommuting

PUB. DATE: 2001

SOURCE: Nicole Belson Goluboff and American Law Institute-American Bar Association

Committee on Continuing Professional Education. , xxvii; ; 24 cm.; Note(s): Includesbibliographical references and index.; Responsibility: Nicole Belson Goluboff.


DATABASE: WorldCat


Long Arm: Does OSHA's Reach Extend To Employees Working At Home on

Company-Provided Computers?

PUB. DATE: 2000

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SOURCE: Linda S. Peterson. Tennessee Bar Journal, Vol. 36, No. 11, p. 14.


DATABASE: LegalTrac


A Look At What Some States Are Doing. Florida's Telecommuting Pilot Program

SOURCE: Anonymous , AASHTO Quarterly Magazine, Vol. 71, No. 4, p. 10-11.

ABSTRACT: A 2-year state employee telecommuting pilot program was enacted by a law in

Florida in 1991. The Florida Department of Transportation was afforded the opportunity to

participate in the program. The law defines telecommutng as a work arrangement

whereby selected state employees are allowed to peform the normal duties and

responsibilities of their positions, through the use of computers or telecommunications, at

home or another place of work. This article briefly describes how designated employees

routinely work at home two to four days a week, and report to the central office to attend

meetings, collect assignments and other materials. Experience across the country shows

energy savings, pollution reduction and higher job satisfaction.

DATABASE: TRIS Online

ACCESS: Available at the VDOT Research Library.

Minnesota Department of Transportation 1998 Employee Telecommuting Survey

Results : A Report Generated By Minnesota Department of Transportation's

Sustainable Transportation Initiatives Group, Office of Advanced Transportation

Systems

PUB. DATE: 1999

SOURCE: Mary E. Jackson, Minnesota, Dept. of Transportation, et al. , ii, 28, [2] leaves :

ill. ; 28 cm.; Named Corp: Minnesota. Dept. of Transportation -- Officials and employees -

- Attitudes.; Note(s): "March 1999."/ Includes bibliographical references.


DATABASE: WorldCat

ACCESS: Available at the VDOT Research Library.

NOTE: Telecommuting and the Americans With Disabilities Act: Is Working at

Home a Reasonable Accommodation?

PUB. DATE: 1997

SOURCE: Anonymous. Minnesota Law Review, 05/01.


DATABASE: LexisNexis Academic Universe


Off-Premises Policy; While California Law On Workplace Safety For

Telecommuters Is Still Unclear, Employers Can Minimize The Potential For CAL-OSHA Liability By Taking A Few Proactive Steps (California Law Business)

PUB. DATE: 1999

SOURCE: Manik K. Rath and Kimberly Ann Gates. Los Angeles Daily Journal, Section 112,

Issue 211, p. S18.


DATABASE: LegalTrac


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Old Law Vs. The New Economy: How New Deal-Era Regulations Stifle Flexible

Work Arrangements

PUB. DATE: 2002

SOURCE: James V. DeLong. Government Union Review, Vol. 20, No. 1, p. 1.


DATABASE: LegalTrac


Orientation To Telecommuting : Trainers' Guide and Participant Workbooks

PUB. DATE: 1994

SOURCE: United States, Dept. of Transportation, United States, et al. , ill. ; 28 cm.;

Note(s): Cover title./ "Intragency Telecommuting Program."/ "DOT-T-94-27"--P. 4 of

cover./ Report: DOT-T-94-27; Responsibility: U.S. Department of Transportation [and]

U.S. General Services Administration.


DATABASE: WorldCat


OSHA Instruction: Subject: Home Based Worksites

ABSTRACT: This instruction provides guidance to OSHA's compliance personnel about

inspection policies and procedures concerning worksites in an employee's home. This

instruction supersedes all previous statements and guidance on the subject.

ACCESS:

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=DIRECTIVES&p_id=

2254

OSHA Still Eyes Rules On Home Offices; Study Is Requested On Bosses' Duty To

Make Telecommuting Safe

PUB. DATE: 2000

SOURCE: Emily Heller. National Law Journal, Section 22, Issue 22, p. B1.


DATABASE: LegalTrac


Report Of The Virginia Employment Commission on The Potential Benefits of

Telecommuting To The Governor and The General Assembly Of Virginia

PUB. DATE: 1994

SOURCE: Virginia Employment Commission, House Document No. 13.


DATABASE: WorldCat

ACCESS: Available though the VDOT Research Library, Call Number: J 87 .V9 1991c no.13

Report to The Minnesota Legislature on Telecommuting In The Twin Cities

Metropolitan Area

PUB. DATE: 1994

SOURCE: Minnesota and Dept. of Transportation. , 1 v. (various pagings) : ill. ; 28 cm.;

Note(s): Title from cover./ "April 20, 1994."/ Includes bibliographical references.;

Responsibility: by the Minnesota Department of Transportation.


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http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=DIRECTIVES&p_id=2254http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=DIRECTIVES&p_id=2254http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=DIRECTIVES&p_id=2254http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=DIRECTIVES&p_id=2254http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=DIRECTIVES&p_id=2254


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DATABASE: WorldCat


Sample Telecommuter's Agreement

PUB. DATE: 2000

SOURCE: Thomas J. Griffith. Corporate Counsel's Quarterly, Vol. 16, No. 2, p. 123.


DATABASE: LegalTrac


Sample Telecommuting Policy

PUB. DATE: 2000

SOURCE: Anonymous. Corporate Counsel's Quarterly, Vol. 16, No. 4, p. 96.


DATABASE: LegalTrac


State Tax Implications of Employing TelecommutersPUB. DATE: 2005

SOURCE: Deborah Rood and Karen Nakamura. The Tax Advisor, Vol. 36, No. 6, p. 360.

ABSTRACT: As the trend to hire telecommuters becomes increasingly prominent and

telecommuting options continue to grow, in-house tax directors and business advisers

must ask more detailed questions about the kinds of activities that management and

employees conduct in the various states. From a state tax perspective, the key

consequences include personal income-tax withholding obligations; sales and use tax

collection and remittance obligations; corporate franchise and income-tax obligations; and

other miscellaneous tax and filing obligations, including local taxes and unemployment

insurance filing obligations.



Statewide Operating Instructions for Employee Telecommuting

PUB. DATE: 1999

SOURCE: California, Dept. of Transportation and Building Operations Center. , 1 v. ; 28

cm.; Named Corp: California. Dept. of Transportation -- Officials and employees --

Telecommuting.; Note(s): "September 1999."; Responsibility: prepared by State of

California, Department of Transportation, Building Operations Center.


DATABASE: WorldCat


The Status Of Telework In the Federal Government

PUB. DATE: 2005

SOURCE: United States, Office of Personnel Management, United States, et al. , 69; ; 28

cm.; Note(s): Electronic version includes 4 appendices: Appendix A: Section 359 of Public

Law 106-346 -- Appendix B: 2004 Telework Survey -- Appendix C: House Report 107-575

-- Appendix D: Section 630(a) of the Treasury and General Government Appropriations

Act./ Also available on the Internet on the OPM/GSA telework website:

http://www.telework.gov.;

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DATABASE: WorldCat

ACCESS: http://www.telework.gov/documents/tw%5Frpt05/

Telecommuter Law: A New Frontier In Legal Liability

PUB. DATE: 2001

SOURCE: Dawn R. Swink. American Business Law Journal, Vol. 38, No. 4, p. 857.


DATABASE: LegalTrac


Telecommuting : How Much? How Soon?

PUB. DATE: 1994

SOURCE: Hopkins, John B. O'Donnell, John. Ritter,Gary T., United States and Dept. of

Transportation. , p. 518-527, IVHS America. Meeting (4th : 1994 : Atlanta, Ga.). The

proceedings of the 1994 annual meeting of IVHS America. Washington, D.C. : IVHS

America, 1994. Vol. 2. (OCoLC)31259320; Note(s): Includes bibliographical references (p.

526-527).ABSTRACT: Unavailable.

DATABASE: WorldCat

ACCESS: Available at the VDOT Research Library, Call Numbers: TE 228.3 .I947 1994 v.1

and TE 228.3 .I947 1994 v.2

Telecommuting : Moving The Work To The Workers : A Handbook To Help You Set

Up A Program At Your Company

PUB. DATE: 1991

SOURCE: United States, Federal Highway Administration, California, et al. , i; col. ill.,

forms ; 28 cm.; Note(s): Cover title./ "Prepared through grants from the United States

Department of Transportation, Federal Highway Commission, with the cooperation of the

State of California Department of Transportation"--P. [2] of cover.; Responsibility:

Commuter Transportation Services, Inc., CommuterComputer.; Entry: 20010403; Update:

20041029.


DATABASE: WorldCat

BACCESS: Available at the VDOT Research Library, Call Numbers: HD 2333 .T45 1991

Telecommuting Feasibility Analysis Report

PUB. DATE: 1995

SOURCE: Tele-Commuter Resources, Minnesota and Dept. of Transportation. , 34, [3]

leaves : ill. ; 28 cm.; Named Corp: Minnesota. Dept. of Transportation -- Personnel

management.; Note(s): Title from cover./ "October, 1995."; Responsibility: prepared forMinnesota Department of Transportation.


DATABASE: WorldCat


The Telecommuting Phenomenon: Overview And Evaluation

PUB. DATE: 1985

SOURCE: Southern California Association of Governments, Transportation Planning Dept

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and Special Studies Section. , chart ; 28 cm.; Note(s): Performed by Southern California

Association of Governments, Transportation Planning Department, Special Studies Section/

"March 1985."/ Includes bibliographical references (p. 38-42).

ABSTRACT: This report describes the different kinds of telecommuting; provides a number

of existing examples; discusses potential advantages and disadvantages and other issues

related to telecommuting; examines estimates of the extent and impacts of

telecommuting; and offers some suggestions for action on the part of local governments.

DATABASE: WorldCat


Telecommuting Pilot Project for The Southern California Association of

Governments

PUB. DATE: 1986

SOURCE: Los Angeles, California, Central City Association, Telecommunications Task

Force, Telecommuting Subcommittee, 26 pages.


DATABASE: WorldCat

ACCESS: Available through the VDOT Research Library, Call Number: HD 2336 .U5 T451986

Telecommuting Programs In Texas : Case Studies

PUB. DATE: 1996

SOURCE: Katherine F. Turnbull, Texas Transportation Institute, Report Number:

FHWA/TX-96/1446-2F, Includes Bibliographical references (p. 47-49), 59 pages.

ABSTRACT: This study examines telecommuting programs at six agencies and businesses

within Texas. The characteristics of the programs are summarized and the experiences

with telecommuting are presented. Available reports, interviews with management

personnel and telecommuters, and surveys of telecommuters are used to assess the

telecommuting programs at the eight case study sites. Additional information is also

summarized on other activities at the state and national levels. The study summarizes thesketch planning tools for assessing the potential for telecommuting in major Texas cities

and for analyzing the impacts on the transportation system developed in an early phase of

the project. Key elements of successful telecommuting programs are identified and policies

the state and other groups can use to support telecommuting are outlined.

Recommendations for implementing the results of the research are also identified.

DATABASE: WorldCat

ACCESS: Available through the VDOT Research Library, Call Number: HD 2336.35 .T4 T45

1996

Telecommuting: A Checklist for Program Implementation

PUB. DATE: 2000

SOURCE: Janet G. Payton. Corporate Counsels Quarterly, Vol. 16, No. 2, p. 61.


DATABASE: LegalTrac


Telecommuting: The New Workplace Of The '90s

PUB. DATE: 1996

SOURCE: Barry A. Hartstein and Mark L. Schulman. Employee Relations Law Journal, Vol

8


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21, p. 179.

ABSTRACT: Telecommuting should not be implemented by employers without a careful

consideration of the legal risks involved. Apart from discrimination concerns--especially

under the Americans with Disabilities Act--there are clearly potential risks of workers'

compensation and Fair Labor Standards Act claims. Therefore, employers should develop

both procedural guidelines and agreements with employees that clearly set forth the

parameters of any telecommuting arrangement. Privacy implications and Family and

Medical Leave Act considerations are discussed.

DATABASE: LegalTrac


Telework in Montana State Government: Limited Scope Performance Audit

PUB. DATE: 2003

SOURCE: Jim Wingard Nelson Mike and Montana. Legislature. Legislative Audit Division. ,

1 v. (pagination varies) ; 28 cm.; Note(s): "Report to the Legislature."/ "03P-01.";

Responsibility: Legislative Audit Division, State of Montana.


DATABASE: WorldCatACCESS:

http://digitalarchive.oclc.org/da/ViewObject.jsp?objid=0000016215&reqid=10625

Work A Little Magic : How To Start Your Own Telecommuting Program

PUB. DATE: 1993

SOURCE: Virginia, Governor's Telework/Telecommuting Advisory Task Force, 83 pages.

ABSTRACT: Not available.

DATABASE: WorldCat

ACCESS: Available through the VDOT Research Library, Call Number: HD 2336 .U6 V819

1993

Work Structures Of The 21st Century: Implications For The Employment Law

Practitioner

PUB. DATE: 2001

SOURCE: Deborah S. Crumbley. Labor Law Journal, Vol. 52, No. 4, p. 245.

ABSTRACT: Legal and policy issues related to evolving work structures that differ from

traditional US employer/employee relationships are discussed. Alternative work

arrangements covered include job sharing, flex time, telecommuting, independent

contractor arrangements, and leased or contracted relationships.

DATABASE: LegalTrac


Working At Home At Your Own Risk: Employer Liability For Teleworkers UnderThe Occupational Safety And Health Act Of 1970

PUB. DATE: 2002

SOURCE: Dutrow, Kelli L.,student author. Georgia State University Law Review, Vol. 18,

No. 4, p. 955.




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SECONDARY READING

There are many aspects of telecommuting that bear consideration by both employer and

employee. These secondary readings discuss many important details at length, including but

not limited to: managing telework employees, specific case studies or liability issues, issues

related to technology, insurance, and ADA and OSHA compliance. Because these reports and

articles are either very specific in focus or seem of secondary importance, they are grouped

together.

Application Group, Inc. v. Hunter Group, Inc. {61 Cal. App. 4th 881 (1998)}

PUB. DATE: 1999

SOURCE: Kahn, Mark A.,student author. Berkeley Technology Law Journal, Vol. 14, No. 1,

p 283. Application Group, Inc. v. Hunter Group, Inc.; 61 Cal. App. 4th 881 (1998).


DATABASE: LegalTrac


Beyond The Border; Seattle Civil Rights Lawyer Plans To Telecommute From

Central American Country.(Pat Stiley)PUB. DATE: 1999

SOURCE: Ashby Jones. Los Angeles Daily Journal, Issue 167, 8/30, Section 112, p 4.


DATABASE: LegalTrac


Cardozo Tax Professor Assessed Twice For Working Out Of State.(New York And

Connecticut Tax Laws)

PUB. DATE: 2000

SOURCE: John Caher. , New York Law Journal, Issue 93, p 1.


DATABASE: LegalTrac


Changes In 'Homework' May Make Current Regulatory Debate Moot. (Home

Labor)

PUB. DATE: 1986

SOURCE: Lenny Siegel. Los Angeles Daily Journal, 10/02, p 4.


DATABASE: LegalTrac


Comment: Telecommuting: A Reasonable Accommodation Under The AmericansWith Disabilities Act As Technology Advances

PUB. DATE: 2006

SOURCE: Anonymous , Regent University Law Review, 01/01, 2006.


DATABASE: LegalTrac


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Corporate Counsel's Primer On Telecommuting

PUB. DATE: 2003

SOURCE: Janet G. Payton and Business Laws. , 40 p. ; 28 cm.; Note(s): Author from page

1./ Cover title./ Includes bibliographical references (p. 35).; Other Titles: Telecommuting;

Responsibility: [Janet G. Payton].; Entry: 20050224; Update: 20060811.

ABSTRACT: 1. Introduction -- 2. The benefits and pitfalls of telecommuting -- 3. The legal

implications of telecommuting -- 4. Conclusion.

DATABASE: WorldCat


Court First To Rule On Telecommuting: Unemployment Benefits Available In

State Where Employee Is Physically Present

PUB. DATE: 2003

SOURCE: John Caher. New York Law Journal, Vol. 230, No. 3, p. 1


DATABASE: InfoTrac


Do You Know Where Your Employees Are? And Do You Know What They Are

Doing? The Virtual Work Environment Has Created A Legal Obstacle Course

PUB. DATE: 2001

SOURCE: Stephen A. Fuchs. New Jersey Law Journal, Vol. 166, No. 11, p. 28.


DATABASE: LegalTrac


Does OSHA's Reach Extend To Employees Working At Home On Company-

Provided Computers?(Long Arm)

PUB. DATE: 2000

SOURCE: Linda S. Peterson. Los Angeles Daily Journal, 02/24, Issue 37, p 7.


DATABASE: LegalTrac


Electronic Communications And The Law: Help Or Hindrance To Telecommuting?

PUB. DATE: 1998

SOURCE: Jennifer C. Dombrow. Federal Communications Law Journal, Vol. 50, No. 5, p

685.


DATABASE: LegalTrac


The Enforceability Gap of Covenants Not To Compete In Telecommuting

Employment Relationships

PUB. DATE: 1996

SOURCE: Kuo, Emily J.,student author. Univeristy of Chicago Legal Forum, 1996.


DATABASE: LegalTrac


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Equality In The Virtual Workplace

PUB. DATE: 2003

SOURCE: Michelle A. Travis. Berkeley Journal of Employment and Labor Law, Vol. 24, No.

2, p. 283.


DATABASE: LegalTrac


From A Distance: Legal Telecommuters Find A Place At Home; How Do You

Manage Them?

PUB. DATE: 1999

SOURCE: Catherine Pennington Paunov. Legal Management, Vol. 18, No. 2, p. 48.


DATABASE: LegalTrac


From Workplace To Work Space; The Increase In Telecommuting Is Raising A

Host Of Legal And Management Issues.(Labor & Employment)PUB. DATE: 1996

SOURCE: Maggie Murray Courtney and Lisa A. Lavelle. Legal Times, 06/10, Section 19,

p.S30.


DATABASE: LegalTrac


The Home Office And The Tax Home: Where Are They In The Virtual World Of The

Wi-Fi Society?

PUB. DATE: 2006

SOURCE: James A. Fellows and Michael A. Yuhas. Taxes: The Tax Magazine, Vol. 84, No.

2, p. 29.


DATABASE: LegalTrac


Home Work Problems; Employers Must Address Liabilities Of Telecommuting

PUB. DATE: 2000

SOURCE: Andrew M. Reidy. ABA Journal, Vol. 86, p.70.

ABSTRACT: The increase in telecommuting, the need for employer awareness of the legal

liabilities of this arrangement, and the liability insurance products available to employers

with telecommuting programs are discussed. Employers should have a written policy on

telecommuting and make sure existing insurance polices cover telecommuters.DATABASE: LegalTrac


Home Work; Telecommuting Is A Rapidly Growing, But Legally Troublesome

Trend

PUB. DATE: 1999

SOURCE: Mary Micheletti. Los Angeles Daily Journal, Vol. 117, No. 74, p. 5.


12


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DATABASE: LegalTrac


Home-Based Workers: Data From The 1990 Census Of Population

PUB. DATE: 1996

SOURCE: Linda N. Edwards and Elizabeth Field-Handley. Monthly Labor Review, Vol. 119,

p. 26.

ABSTRACT: While the Current Population Survey of 1991 revealed that 33% of US workers

do some of their work at home, only 14.5% of those worked more than 35+ hours at

home. Analysis of the Public Use Microdata Sample of 1991 shows that home-based

workers are predominantly (63%) self-employed versus only 5.5% of on-site workers.

Home-based workers are mostly female, they work nonstandard hours, and are more

likely to live in rural areas. This suggests that work flexibility is the most important aspect

of home working for home workers.

DATABASE: LegalTrac


How To Manage The Work Space (Workplace Injuries)PUB. DATE: 1996

SOURCE: Maggie Murray Courtney and Lisa A. Lavelle. New Jersey Law Journal, Vol. 146,

p. S6.


DATABASE: LegalTrac


Huckaby v. New York State Division of Tax Appeals: In Upholding the Current Tax

Treatment of Telecommuters, the Court of Appeals Demonstrates the Need for

Legislative Action

PUB. DATE: 2006

SOURCE: Bentley, Meredith A.,student author. , PD: Bibliographic footnotes; CC: Huckaby

v. N.Y. State Div. of Tax Appeals; 829 N.E.2d 276 (N.Y. 2005). St. Johns Law Review, Vol.

80, No. 3, p. 1,147.


DATABASE: LegalTrac


Information At The Speed Of Life : Deciphering The Law Of Nevada

Telecommunication

PUB. DATE: 2002

SOURCE: Marshall, Kathleen M. McMillan, Kristin B. Pongracz, Ann C. and National

Business Institute. , 2 v. (471) p. ; 28 cm.; Note(s): "08T2908."/ "This manual wasprepared to accompany the faculty's presentation"--[i].; Other Titles: Deciphering the law

of Nevada telecommunication.


DATABASE: WorldCat


Insuring The Workplace In The Age Of Telecommuting (Legal Technology)

PUB. DATE: 1997

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SOURCE: Clarissa L. Wieiant. New Jersey Law Journal, Vol. 148, p. S2.


DATABASE: LegalTrac


Is The DOL Regulating Through The Back Door?: The Significance Of Its

Interpretative Letters

PUB. DATE: 2000

SOURCE: Heather L. MacDougall. Employee Relations Law Journal, Vol. 26, No. 1, p. 47.

ABSTRACT: Recent interpretative letters issued by the U.S. Department of Labor regarding

telecommuting and stock options have set off a firestorm of opposition from the business

community, the public, and legislators. These controversies have called into question the

relevance of such guidance, its applicability beyond the party who sought the letter, and

the impact on employers generally. To some extent, this depends upon the amount of

deference courts will grant such agency interpretations. Deference principles have been

part of our jurisprudence for most of our country's history. These principles, at first

glance, seem relatively straightforward. For example, when a statute is ambiguous, a

reviewing court is to accept the governing administrative agency's interpretation and itsrelevant regulations. However, in practice, this apparent clarity of deference principles is

deceiving, not only to practitioners but also to the federal courts. In particular, there is

confusion with regard to what deference is owed interpretative rules, such as

interpretative letters and advisory memorandum issued by a governing agency. The

federal courts have impeded clarity on this issue by applying a variety of deference

standards to these interpretative rules. In addition, since not all agency interpretations

wind up being reviewed by a court, this article explains the practical significance of

interpretative rules--no matter what level of deference the courts determine to apply.

Reprinted by permission of the publisher.

DATABASE: WorldCat


Keeping In Touch ... Or Not

PUB. DATE: 2002

SOURCE: Richard A. Leiter. Legal Information Alert, Vol. 21, No. 6, p. 9.


DATABASE: InfoTrac


The Law of Telecommuting

PUB. DATE: 2002

SOURCE: Bryan M. Carson. Legal Information Alert, Vol. 21, No. 4, p. 18.


DATABASE: InfoTrac


Legal And Employment Issues Related To Telecommuting

PUB. DATE: 2000

SOURCE: John R. Paddock. The Colorado Lawyer, Vol. 29, No. 2, p. 65.


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DATABASE: LegalTrac


The Legal Side Of Telecommuting

PUB. DATE: 2000

SOURCE: Kim M. Hastings. For the Defense, Vol. 42, No. 12, p. 34.


DATABASE: Infotrac


Limit Employer Liability (From The Bakersfield California)(Editorial)

PUB. DATE: 2000

SOURCE: Anonymous. Los Angeles Daily Journal, Section 113, No. 6, p. 6.


DATABASE: LegalTrac


N.J. Firms Offer Telepractice' as Hiring IncentivePUB. DATE: 2001

SOURCE: Sandy Lovell. New Jersey Law Journal, Vol. 163, No. 13, p. 29.


DATABASE: LegalTrac


The Need For Workers' Compensation In The Age Of Telecommuters

PUB. DATE: 2001

SOURCE: Duckworth, Matthew B.,student author. , Journal of Small & Emerging Business

Law, Vol. 5, No. 3, p. 403.




New Wage-And-Hour Issues, Safety Issues And Workplace Violence

Considerations Are Raised By Telecommuting Employees Of Your Firm

PUB. DATE: 1998

SOURCE: Mike Tonsing. The Federal Lawyer, Vol. 45, p. 19.


DATABASE: LegalTrac


New York May Tax Nashville Programmer Who Spends Only A Quarter Of Time InState

PUB. DATE: 2002

SOURCE: John Caher. New York Law Journal, Section 227, Issue 115, p. 1.


DATABASE: LegalTrac


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New York's "Convenience-Of-The-Employer" Rule: From Defending The Fisc To

Punishing Telecommuters: Ken Smith And Matt Cristy Suggest How To Preserve

New York's Convenience-Of-The-Employer Rule, While Still Encouraging

Telecommuting

PUB. DATE: 2006

SOURCE: E. Kendrick Smith. Journal of State Taxation, Vol. 24, No. 3, p. 17.


DATABASE: InfoTrac


NOTE: Electronic Communications and the Law: Help or Hindrance to

Telecommuting?

PUB. DATE: 1998

SOURCE: Anonymous. Federal Communications Law Journal, 05/01.


DATABASE: LexisNexis


On The Increasing Presence of Remote Employees: An Analysis of The Internet's

Impact On Employment Law As It Relates To Teleworkers

PUB. DATE: 2001

SOURCE: Joan T. A. Gabel and Nancy Mansfield. University of Illinois Journal of Law,

Technology & Policy, Vol. 2001, No. 2, p. 233.


DATABASE: LegalTrac


Opportunities In Using The Office-In-Home Deduction Of Code Sec. 280A (Tax

Deductions For Home Offices, Telecommuting)

PUB. DATE: 2002

SOURCE: Donald T. Williamson. Taxes: The Tax Magazine, Vol. 80, No. 1, p. 19.

ABSTRACT: Tax Code rules applicable to home office and telecommuting tax deductions

are outlined. Topics include the five business uses of a home, allocation of expenses to the

business portion of a home, transportation expenses associated with a residence used in

trade or business, and reporting requirements.

DATABASE: LegalTrac


Out of Sight, Out Of Mind, Into Court

PUB. DATE: 2007

SOURCE: Daniel J. McCoy. National Law Journal, 01/08.ABSTRACT: Unavailable.

DATABASE: InfoTrac


Potholes For Teleworkers: Transportation Deduction Rules Present A Hazard For

Flexible Work Arrangements

PUB. DATE: 2004

SOURCE: William V. Vetter. Taxes: The Tax Magazine, Vol. 82, No. 12, p. 25.

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DATABASE: LegalTrac


Puget Sound Telecommuting Demonstration: Executive Summary

PUB. DATE: 1992

SOURCE: Maureen Quaid and Brian Lagerberg., 46 pages.


DATABASE: WorldCat

ACCESS: Available through the VDOT Research Library, Call Number: HD 2336 .P83 Q826

1992

The Prospects For Telecommuting

PUB. DATE: 1985

SOURCE: Herbert S. Dordick. Computer/Law Journal, Vol. 6, p. 333.



Regulatory Rigamarole (From The Orange County Register)(Editorial)

PUB. DATE: 2000

SOURCE: Anonymous. Los Angeles Daily Journal, 01/10, Section 113, Issue 6, p. 6.


DATABASE: LegalTrac


Review Of The State Employee Telecommuting Program : A Mandated Legislative

Review Of Section 110.171, Florida Statutes

PUB. DATE: 1997

SOURCE: Florida. Legislature. Joint Committee on Information Technology Resources. , 27

p. ; 28 cm.; Note(s): "December 1997."/ Includes bibliographical references (p. 20-21).;

Responsibility: the Florida Legislature, Joint Legislative Information Technology Resource

Committee.


DATABASE: WorldCat


Setting New Duties And Standards Of Care For Internet Telecommuters

PUB. DATE: 1999

SOURCE: Mark Maier. , v, 56 leaves ; 28 cm.; Dissertation: Thesis (J.D.)--Suffolk

University, 2000.; Note(s): Computer-produced typeface./ Includes bibliographical

references (leaves 27-30)./ Reproduction: Microfiche./ [Buffalo, N.Y.] :/ Hein,/ [1996].ABSTRACT: Unavailable.

DATABASE: LegalTrac


Signal Is Fuzzy In Telecommuter's Unemployment Case (New York)

PUB. DATE: 2003

SOURCE: Eric Tischler. Trial, Vol. 39, No. 10, p. 73.


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DATABASE: LegalTrac


Sourcing Service Receipts

PUB. DATE: 2007

SOURCE: Scott Salmon and Deborah Rood. The Tax Advisor, Vol. 38, No. 6, p. 347.

ABSTRACT: The advent of telecommuting and the rise of electronic commerce have made

the task of "sourcing" a taxpayer's receipts in individual states much more challenging.

Indeed, tax advisers have found it particularly difficult to source the receipts of such

service providers as systems consultants, architects, outsourcing agencies, and trainers.

The methods used by certain states to source service income are discussed.

DATABASE: LegalTrac


State Bill Encourages 'Telecommuting.' (California)

PUB. DATE: 1989

SOURCE: William Vogeler. Los Angeles Daily Journal, 07/14, Section 102, p. 7.

ABSTRACT: Unavailable.DATABASE: LegalTrac


Tax Based On Income From Sources Within New York

PUB. DATE: 2005

SOURCE: Anonymous. Corporate Taxation, Vol. 32, No. 5, p. 45.

ABSTRACT: Details are provided of a case, Huckaby v. N.Y.S. Division of Tax Appeals, in

which the New York Court of Appeals upheld New York's authority to tax all the

compensation of a telecommuter who during 1994 and 1995 spent approximately 25

percent of his workdays at the offices of his Jamaica, New York, employer and

approximately 75 percent at his home office in Tennessee.



Tax Problems Visit At-Home Employees.(Non-Resident Employees Working At

Home May Have To Pay Extra Taxes)(New York)

PUB. DATE: 2001

SOURCE: John Caher. New York Law Journal, Section 225, Issue 5, p. 1.


DATABASE: LegalTrac


Technology And Telecommuting: Is Home Just Another Extension?PUB. DATE: 1997

SOURCE: Wendy R. Leibowitz. The National Law Journal, 06/16, Sectionn 19, p. B11.

ABSTRACT: Modern technology makes telecommuting easy but brings with it the problem

of being too accessible. It is too easy to have excessive work hours when never out of

reach. Even hard-working telecommuters do not have the immediate visibility that law

firm employees who are seen in the office late at night or on weekends have, however.

One expert recommends that telecommuters make their relationships with their offices

project-specific rather than time-specific.

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DATABASE: LegalTrac


Technology In The Workplace : Executive's Guide To Managing The New E-

Workforce

PUB. DATE: 2000

SOURCE: Alexander Hamilton Institute (U.S.). , v; ; 28 cm.; Other Titles: Executive's

guide to managing the new e-workforce; Entry: 20000911; Update: 20070306.

ABSTRACT: 1. Avoiding legal liability in the e-workforce -- 2. Ensuring electronic

monitoring and privacy rights -- 3. Solving the practical problems that plague employers --

4. Keeping your business safe from electronic dangers -- 5. "Hire" technology: making it

work for you -- 6. Reaping the benefits of the e-workplace.

DATABASE: WorldCat


Telecommuter Must Pay N.Y. State Tax

PUB. DATE: 2005

SOURCE: John Caher. The National Law Journal, 04/04ABSTRACT: Unavailable.

DATABASE: LegalTrac


'Telecommuters' and Deductible Local Transportation Expenses

PUB. DATE: 2001

SOURCE: Steven C. Dilley and Janet Trewin. Tax Notes, Vol. 91, No. 4, p. 630.

ABSTRACT: Issues related to tax deductions for transportation expenses for

telecommuters are examined, focusing on key considerations for telecommuters and

important sections of the Internal Revenue Code and IRS Revenue Rulings. Topics include

IRC section 162(a) rules for deductions for necessary business expenses and section 262

prohibitions against deductions for personal living expenses; and the importance of

defining principal place of business and whether assignments last for more than a year.

DATABASE: LegalTrac


Telecommuters and Their Virtual Existence In The Unemployment World. (Case

Note)

PUB. DATE: 2004

SOURCE: Beverly Reyes. Hofstra Law Review, Vol. 33, No. 2, p. 785.

ABSTRACT: Discusses telecommuting with regard to the Family Medical Leave Act of 1993,

as well as employee benefits and unemployment insurance.

DATABASE: LegalTracACCESS: Available through Interlibrary loan

Telecommuting and Employment Law. (Minnesota)

PUB. DATE: 1995

SOURCE: Charles F. Knapp and James M. Samples. The Hennepin Lawyer, Vol. 64, p. 18.


DATABASE: LegalTrac


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Telecommuting and Labour Law

PUB. DATE: 1993

SOURCE: Darlene Iris MacDonald. , vi, 58 leaves ; 28 cm.; Dissertation: Thesis (M.S.)--

University of Colorado, 1993.; Note(s): Includes bibliographical references (leaves [54]-

58).

DATABASE: WorldCat


Telecommuting and The Americans With Disabilities Act: A Tree In The Cyberian

Forest

PUB. DATE: 1998

SOURCE: Mike Tonsing. The Federal Lawyer, Vol. 45, p. 20.


DATABASE: LegalTrac


Telecommuting and The Americans With Disabilities Act: Is Working At Home A

Reasonable Accommodation?PUB. DATE: 1997

SOURCE: Ludgate, Kristen M.,student author. Minnesota Law Review, May 1997, Vol. 81,

p. 1,309.




Telecommuting and Virtual Offices : Issues And Opportunities

PUB. DATE: 2001

SOURCE: Nancy J. Johnson. , iii; ill. ; 25 cm.; Note(s): Includes bibliographical references

and index..

ABSTRACT: Telecommuting and the legal aspects / Ian T. Smith, Yehuda Baruch --

Teleworking in Ireland : issues and perspectives / Frdric Adam, Gregory Crossan --

TelewerkForum stimulates telework in the Netherlands / Kitty de Bruin -- Public

communications infrastructure support for telecommuting / Joseph R. Bumblis -- Success

in the international virtual office / Kirk St. Amant -- Organizational compatibility as a

predictor of telecommuting / Susan J. Harrington, Cynthia P. Ruppel -- Telecommuter

selection : a systems perspective / Janet A. Henquinet -- Managing the virtual team :

critical skills and knowledge for successful performance / Richard G. Platt, Diana Page --

Case study of the St. Paul companies' virtual office for the risk control division / Nancy

Johnson -- The impacts of telecommuting on organizations and individuals : a review of

the literature / Alain Pinsonneault, Martin Boisvert -- Making remote workers effective / D.

Sandy Staples -- Safety and health in the virtual office / Jay T. Rodstein, Katherine S.

Watters -- Telecommuting experiences and outcomes : myths and realities / Donna

Weaver McCloskey.

DATABASE: WorldCat


Telecommuting Employees and The Amended Home Office Deduction Rules

PUB. DATE: 2000

SOURCE: Marina L. Ferrone. The Tax Advisor, Vol. 31, No. 2, p. 83.

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DATABASE: LegalTrac


Telecommuting Flexibility (From The San Francisco Chronicle)(Editorial)

PUB. DATE: 2000

SOURCE: Anonymous. Los Angeles Daily Journal, 01/10, Section 113, Issue 6, p. 6.


DATABASE: LegalTrac


Telecommuting In the 21st Century

PUB. DATE: 1997

SOURCE: Constant G. Marquer III. , Louisiana Bar Journal, Vol. 44, p. 425.




Telecommuting Is Getting Expensive; N.Y. Professor Who Works From Conn. May

Be Taxed Twice, State Court Says

PUB. DATE: 2000

SOURCE: John Caher. The National Law Journal, Vol. 23, No. 14, p. B4.


DATABASE: LegalTrac


Telecommuting Pluses & Pitfalls

PUB. DATE: 1999

SOURCE: Brenda B. Thompson. , vi; ; 28 cm.; Note(s): Includes bibliographical references

(p. 43-45).; Other Titles: Telecommuting pluses and pitfalls; Responsibility: Brenda B.

Thompson.

ABSTACT: Unavailable.

DATABASE: WorldCat


Telecommuting Tax Issues

PUB. DATE: 2001

SOURCE: Nichole Belson Goluboff. The Practical Tax Lawyer, Vol. 15, No. 3, p. 5.


DATABASE: InfoTrac


Telecommuting To a N.Y. Office Can Be Doubly Taxing

PUB. DATE: 2005

SOURCE: Rebecca Porter. Trial, Vol. 41, No. 6, p. 81.




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Telecommuting: A Reasonable Accommodation under the Americans with

Disabilities Act as Technology Advances

PUB. DATE: 2006

SOURCE: Sullenger, Brianne M.,student author. Regent University Law Review, Vol. 19,

No. 2, p. 537.


DATABASE: LegalTrac


Telecommuting: Justice and Control in the Virtual Organization

PUB. DATE: 1999

SOURCE: Nancy B. Kurland and Terri D. Egan. Organizational Science, Vol. 10, No. 4, p.

500.

ABSTRACT: The adoption of telecommuting raises concerns for both managers and

employees: Remote supervision presents monitoring challenges, while physical isolation

may impede the employee's opportunity for, and involvement in, determining valued

organizational outcomes (organizational justice). This study of 191 employees examined

the relationships among telecommuting, organizational monitoring strategies, andorganizational justice perceptions. Results suggest that monitoring strategies were more

strongly associated with organizational justice perceptions than with telecommuting, and

procedural and interactional justice perceptions related significantly to telecommuting. We

provide implications, limitations, and ideas for future research.

DATABASE: J-STOR


Telexploitation

PUB. DATE: 1993

SOURCE: J. H. Foegen. Labor Law Journal, Vol. 44, p. 318.

ABSTRACT: People working at home with computers and supporting equipment, who may

account for an estimated one-third of the labor force by the end of the decade, could endup being exploited. Most telecommuters seem to consider the arrangement to be basically

attractive. As the technology spreads, however, and as the supply of workers increases,

there is the chance that telecommuters' wages might be depressed. Many pros and cons

to the situation can be seen. Before the practice becomes more institutionalized, proactive

thinking is needed to determine more fully where telecommuting is headed. The pros and

cons of telecommuting are discussed.

DATABASE: LegalTrac


The "Convenience of the Employer" Rule and the Telecommuter Tax Fairness Act

PUB. DATE: 2005

SOURCE: Nicole Belson Goluboff. The Practical Tax Lawyer, Vol. 20, No. 1, p. 55.


DATABASE: LegalTrac


Traps For The Unwary: Employment Law Implications Of Telecommuting

PUB. DATE: 1997

SOURCE: Deborah A. Sudbury and Douglas M. Towns. Employee Relations Law Journal,

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Vol. 23, p. 5.

ABSTRACT: Technology has obviously changed how employees perform their jobs and

allowed employees to become more efficient. In the future, technology will also change

where employees can perform their jobs. Recent technological advances in computers and

communications have allowed a growing number of employees to perform their jobs from

their homes or from other nontraditional work locations. In fact, over the past several

years, employers have already seen a dramatic increase in the number of these

"telecommuting" employees. However, many employers do not realize the employment

law risks associated with telecommuting. Fortunately, with some advanced planning,

employers can easily avoid many of the legal traps associated with telecommuting.

Reprinted by permission of the publisher.



The Ubiquitous PC; Courts And Commentators Alike Recognize That Technology

Is Changing Society

PUB. DATE: 1997

SOURCE: Stuart Biegel. Los Angeles Daily Journal, 06/26, Section 110, p. 7.ABSTRACT: Unavailable.

DATABASE: LegalTrac


Unclogging Virginia's Roads: Aligning Commuter Incentives In Northern Virginia

SOURCE: L. B. Nelson. Transportation Law Journal, Vol. 28, No. 1.

ABSTRACT: This paper addresses the problem of traffic congestion in Northern Virginia.

The paper analyzes the current state of traffic in Northern Virginia. It then examines

several factors that have led to this traffic entanglement. It analyzes the costs incurred as

a result of the region's clogged roads. The paper addresses solutions to the problem. It

first notes that the General Assembly's current transportation package does not meet the

needs funding needs proposed by a regional transportation commission. The authorsuggests that congestion pricing may be a possible solution to the problem as well as

proposing several other initiatives that, when combined, could significantly reduce the

traffic problem. It is important to note that there is no one answer, neither roads nor rails

nor telecommuting initiatives alone will solve the problem.



Upholding The Current Tax Treatment Of Telecommuteers, The Court Of Appeals

Demonstrates The Need For Legislative Action.(New York)(Case Note)

PUB. DATE: 2006

SOURCE: Meredith A. Bentley. St. Johns Law Review, Vol. 80, No. 3, p. 1,147.


DATABASE: LegalTrac


Where Is Everybody? Your People May Work From Anywhere with Remote

Access, But It Requires Thoughtful Implementation And Training

PUB. DATE: 2002

SOURCE: Pat Meier Johnson. Legal Management, Vol. 21, No. 2, p. 86.

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DATABASE: LegalTrac


Workplace Safety and The Telecommuter

PUB. DATE: 2002

SOURCE: Nicole Belson Goluboff. Trial, Vol. 38, No. 6, p. 36.




INTERNATIONAL PERSPECTIVES

There is a significant body of literature that deals with telecommuting law and practice in other

countries. While specific laws and other details from other countries may be quite different,

there are possibly some very good points in these articles. These citations were retained, but

grouped in this category for the convenience of the researcher.

At Home On Business: A Closer Look At Teleworking (United Kingdom)PUB. DATE: 1993

SOURCE: Anonymous , IRS Employment Trends, 11/15, p 3.

ABSTRACT: A survey conducted by the UK's Employment Dept found that 11% of

companies polled employed workers who spent over half of their work week at home. Six

percent of these at-home workers were found to be teleworkers, people who used

computers and telecommunications technology while working at home. Most companies

surveyed correctly surmised that data entry and other computer-related occupations were

most conducive to teleworking. Most teleworkers said working at home produced no added

difficulties.

DATABASE: LegalTrac


"Employee" Or "Independent Contractor" : Status Of An Electronic Homeworker

(American And German Views)

PUB. DATE: 1985

SOURCE: Udo Bernd Hartmann. , 69 leaves, bound ; 29 cm.; Dissertation: Thesis (LL. M.)-

-University of Illinois at Urbana-Champaign, 1985.; Note(s): Typescript./ Includes

bibliographical references (leaves 66-69).; Responsibility: by Udo Bernd Hartmann.


DATABASE: WorldCat


A Comparative Study of the Impact of Electronic Technology on WorkplaceDisputes

PUB. DATE: 2002

SOURCE: Jean-Emmanuel Ray and Jacques Rojot. Comparative Labor Law & Policy

Journal, Vol. 24, No. 1, p117. Includes bibliographic footnotes.


DATABASE: LegalTrac


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A Comparative Study of the Impact of Electronic Technology on Workplace

Disputes: National Report on Germany

PUB. DATE: 2002

SOURCE: Armin Hoeland. , Comparative Labor Law & Policy Journal, Vol. 24, No. 1, p147:

Bibliographic footnotes.


DATABASE: LegalTrac


A Comparative Study Of The Impact Of Electronic Technology On Workplace

Disputes: National Report On Italy.(A Comparative Study Of The Impact Of

Electronic Technology On Workplace Disputes)

PUB. DATE: 2002

SOURCE: Marco Biagi and Tiziano Treu. , Comparative Labor Law & Policy Journal, Vol. 24,

No. 1, p177


DATABASE: LegalTrac


Computerization and Employment Rights (Great Britain)

PUB. DATE: 1992

SOURCE: Brian W. Napier. Industrial Law Journal, Vol. 21, p. 1


DATABASE: LegalTrac


Directions Of Telework In Finland : Report By The Finnish Experience With

Telework Project

PUB. DATE: 1996

SOURCE: Luukinen, Ari. Pekkola, Juhani. Heikil,Alsko.Zamindar, Marya. , ill., charts ; 30

cm.; Note(s): Includes bibliographical references (p. 57-[62])./ Funding: TELDET -

projektin T1016; Other Titles: Tyhallinnon julkaisu.; Responsibility: Ari Luukinen, editor,

Juhani Pekkola, Asko Heikkil and Marya Zamidar.; Language: English; Introduction in

Finnish.


DATABASE: WorldCat


Electronic Technology and Work: A Swedish Perspective

PUB. DATE: 2002

SOURCE: Reinhold Fahlbeck. Comparative Labor Law & Policy Journal, Vol. 24, No. 1, p.257.


DATABASE: LegalTrac


Electronic Technology and Workplace Issues: The New Zealand Situation (A

Comparative Study Of The Impact Of Electronic Technology On Workplace

Disputes)

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PUB. DATE: 2002

SOURCE: John M. Howells. Comparative Labor Law & Policy Journal, Vol. 24, No. 1, p.

225.


DATABASE: LegalTrac


Flexible Working Policies Abound In Local Government (United Kingdom)

PUB. DATE: 1995

SOURCE: Anonymous. IRS Employment Trends, 06/01, p.2

ABSTRACT: A survey of local government offices in the United Kingdom reveals that many

expect to adopt more flexible working conditions for their employees in the coming years.

Nearly 85% of those surveyed currently offer flexible working hours, and 62% have job-

sharing policies. Over 20% offer career break opportunities. Eighteen percent offer annual

hours arrangements, with another 16% expecting to adopt the practice. Working from

home is an option in 7% of the offices, with another 14% expecting to adopt formal home-

work schemes in the future.


The Hazards Of Homework (Telecommuting And Working From Home In The

United Kingdom)

PUB. DATE: 1997

SOURCE: Lucinda Ponting. Health and Safety Bulletin, 07/01, p. 8.

ABSTRACT: UK employees who work at home face the same types of health issues

affecting other employees. A survey of homeworkers indicates a variety of physical

problems, as well as isolation and job stress, affects these employees. Also, monitoring

work hazards and communicating safety information can be difficult with remote

employees. Employer duties, union concerns, and related issues are also discussed.


The Impact Of Electronic Technology On Workplace Disputes In Australia (A


Disputes)

PUB. DATE: 2002

SOURCE: Ronald McCallum and Andrew Stewart. Comparative Labor Law & Policy Journal,

Vol. 24, No. 1, p. 19.


DATABASE: LegalTrac


The Impact Of Electronic Technology On Workplace Disputes In Japan (A


Disputes)

PUB. DATE: 2002

SOURCE: Hideyuki Morito. , TY: MAGZ; RP: Not in File.


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DATABASE: LegalTrac


Impact Of Electronics On Labor Law In Finland (A Comparative Study Of The

Impact Of Electronic Technology On Workplace Disputes)

PUB. DATE: 2002

SOURCE: Antti Suviranta. Comparative Labor Law & Policy Journal, Vol. 24, No. 1, p. 93.


DATABASE: LegalTrac


The IRS Handbook Of Flexible Working : Law And Practice (UK)

PUB. DATE: 2001

SOURCE: Louis Wustemann. , xiii; ill. ; 23 cm.; Note(s): Includes bibliographical

references and index.; Responsibility: edited by Louis Wustemann.


DATABASE: WorldCat


The Legal and Contractual Situation Of Teleworkers In The European Union : The

Law Aspects Including Self-Employed : Consolidated Report

PUB. DATE: 1997

SOURCE: R. Blanpain and European Foundation for the Improvement of Living and

Working Conditions. , 52 p.; Note(s): Includes bibliographical references.


DATABASE: WorldCat


Legal Issues Of Telecommuting Across National Borders A Case Study Of The

Laws Of The Federal Republic Of Germany As A Member Of The European

Community

PUB. DATE: 1997

SOURCE: Marcus Collardin. 100 leaves ; 28 cm.; Dissertation: Thesis (LL. M.)--University

of California, Berkeley, 1994.; Note(s): Computer-produced typeface./ Includes

bibliographical references (leaves ix-xiv)/ Reproduction: Microfiche./ [Buffalo, N.Y.] :/

William S. Hein,/ [1997].


DATABASE: WorldCat


New Technologies and Labor Relations In Spain: Some General Issues (AComparative Study Of The Impact Of Electronic Technology On Workplace

Disputes)

PUB. DATE: 2002

SOURCE: Guanter, Salvador del Rey. Comparative Labor Law & Policy Journal, Vol. 24,

No. 1, p. 243.


DATABASE: LegalTrac


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Overview and U.S. Perspective (A Comparative Study of the Impact of Electronic

Technology on Workplace Disputes)

PUB. DATE: 2002

SOURCE: Alvin L. Goldman. Comparative Labor Law & Policy Journal, Vol. 24, No. 1, p. 1.


DATABASE: LegalTrac


Rethinking Place of Work: Federal Labour Law Framework for Contemporary

Home-Based Work and its Prospects in Australia

PUB. DATE: 2005

SOURCE: Marilyn J. Pittard. Law in Context, Vol. 23, No. 1 (part special issue), p. 148.


DATABASE: LegalTrac


The Social Security Position Of Teleworkers In The European Union :

Consolidated ReportPUB. DATE: 1997

SOURCE: F. Pennings and European Foundation for the Improvement of Living and

Working Conditions. , 59 p.; Note(s): Includes bibliographical references (p. 58-59).;

Responsibility: by Frans Pennings.


DATABASE: WorldCat


Some Belgian And European Aspects (A Comparative Study Of The Impact Of

Electronic Technology On Workplace Disputes)

PUB. DATE: 2002

SOURCE: Roger Blanpain. Comparative Labor Law & Policy Journal, Vol. 24, No. 1, p. 47.


DATABASE: LegalTrac


Some Legal Aspects Of Teleworking (United Kingdom)

PUB. DATE: 1993

SOURCE: Rachel Burnett and Neil Maidment. Computer Law & Practice, Vol. 9, p. 93.


DATABASE: LegalTrac


Study Shows Teleworking Advantages And Disadvantages (Great Britain)

PUB. DATE: 1990

SOURCE: Anonymous. IRS Employment Trends, 02/20, p. 2.


DATABASE: LegalTrac


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Telework In The Netherlands : Labour Law, Social Security Law And Occupational

Health And Safety Aspects

PUB. DATE: 1996

SOURCE: F. Pennings. , iv; ; 22 cm.; Note(s): Includes bibliographical references (p. 107-

108).; Responsibility: F.J.L. Pennings, ... [et al.].


DATABASE: WorldCat


Telework: Towards The Elusive Office

PUB. DATE: 1990

SOURCE: Huws, U Korte,W.B.Robinson, S. , Published by John Wiley & Sons, ISBN:

0471922846.

ABSTRACT: By examining and interpreting the results of three major European surveys,

this book moves away from the journalistic approach of earlier work and demonstrates a

thorough understanding of the present reality of telework and its likely future. In addition

it draws on a wealth of empirical evidence to present a critical, objective and rigorous

analysis of the economic, social and legal faces of telework from the perspectives of theindividual worker and the policy analyst as well as the organizational manager. Discusses

economics, law and human aspects related to telework.


ACCESS: Unknown

Teleworkers Can Be Trusted (United Kingdom)

PUB. DATE: 1998

SOURCE: Anonymous. IRS Employment Trends, 11/01, Issue 667, p. 2.


DATABASE: LegalTrac


Teleworking - Limits And Possibilities (United Kingdom).

PUB. DATE: 1996

SOURCE: Anonymous. IRS Employment Trends, 08/01, p. 6.

ABSTRACT: UK employers could benefit from increased use of teleworkers. According to

two 1996 studies, telecommuting can provide flexibility and lower costs. Workers should

be self-disciplined and experienced, while managers should set clear procedures and goals

for their teleworkers. This type of arrangement requires an employment relationship built

on trust in order to succeed. Freelance, part-time, and multi-locational teleworkers are

among the groups studied in these reports.

DATABASE: LegalTrac


Teleworking (United Kingdom)

PUB. DATE: 1996

SOURCE: Jason Lewis and Colin S. Peck. Business Law Review (UK), Vol. 17, p. 104.


DATABASE: LegalTrac


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Teleworking: Where Reality And Urban Myth Collide (United Kingdom)

PUB. DATE: 2006

SOURCE: Mark Crail. IRS Employment Review, 12/01, Issue 860, p. 8.


DATABASE: LegalTrac


Biblio on Telecommuting

Documents

Transcript of Biblio on Telecommuting