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Telecommuting Agreement Drafting Considerations: Part 2

Law360 Employment Authority

Jeffrey H. Ruzal and Carly Baratt, attorneys in the Employment, Labor & Workforce Management practice, in the firm’s New York office, co-authored an article in Law360 Employment Authority, titled “Telecommuting Agreement Drafting Considerations: Part 2.” (Read the full version – subscription required.)

Following is an excerpt:

The ongoing novel coronavirus pandemic, and the resulting shelter-in-place orders have forced numerous employers throughout the U.S. to implement or expand telecommuting programs.

Such programs generally permit employees to work from home, subject to certain terms and conditions set forth in a telecommuting policy and in a written telecommuting agreement between the employer and the telecommuting employee.

This article is the second part of two-part series.

The first part provided practical guidance on: the purposes of a telecommuting agreement; the form of a telecommuting agreement, and essential components of a telecommuting agreement — including introduction and definitions, job duties, work schedule and workspace.

The second part provides practical guidance on: essential components of a telecommuting agreement — continued — including other workspace issues; compensation; equipment and supplies; confidentiality and security; expense reimbursement; family, medical or personal leaves; dependent care; key considerations when dealing with telecommuting workers who work from home in different states than the employer, and miscellaneous provisions.