Making Telecommuting Work
Training for Supervisors
Presentation Subtitle/Description • Presenter’s Name • Date
Introduction
Many organizations allow employees to work in offices located
off-site and within employees’ homes. This alternative work
arrangement, generally called “telecommuting,” is becoming
more popular as organizations look for ways to respond to
business continuity issues and to help communities with
transportation and air pollution problems. To make
telecommuting successful, employers must train managers on
identifying the positions and the employees who are most
suitable for working off-site and educate them on federal
employment laws involved in telecommuting arrangements.
This sample presentation is intended for presentation to
supervisors who manage employees who telecommute. It is
designed to be presented by an individual who is
knowledgeable about the employer’s own telecommuting
policies and practices. It is a sample presentation that must be
customized to comply with the employer’s own policies and
practices.
©SHRM 2008
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Objectives
At the close of this session, you will be able to:
• Identify the types of positions suitable for telecommuting.
• Describe the characteristics an employee must have to be a
successful telecommuter.
• List major federal employment laws that apply to telecommuters
(FLSA, OSHA, Workers’ Compensation, ADA and FMLA).
• Keep telecommuters informed and included in their workgroup
and company.
• Describe technological resources needed for telecommuting.
• List at least 5 tips for the effective management of
telecommuters.
©SHRM 2008
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Positions Suitable for Telecommuting
(Note to presenter: Customize to your organization by including
job titles when possible. Distribute your company policies.)
Not all positions are suitable for telecommuting.
•
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The employer must consider whether the job purpose and
respective duties are location-specific. For example, “receptionist”
and “warehouse manager” are two job functions that are not
suitable for telecommuting; the job duties must be performed onsite. Trainee positions also are not suitable for telecommuting.
Positions where the majority of the work involves the electronic
transmission of information or documents may be suitable for
telecommuting, when company or client privacy or confidentiality
are not at risk.
©SHRM 2008
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Positions Suitable for Telecommuting (cont’d)
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Other characteristics that make a position suitable for
telecommuting include minimal supervision requirements or
limited face-to-face contact with customers or clients.
There may be situations such as light-duty assignments, ADA
or religious accommodation requests when telecommuting
could be considered on a case-by-case basis.
Note: A position’s suitability does not guarantee that the employee
is suitable for telecommuting.
©SHRM 2008
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Characteristics of a Successful Telecommuter
(Note to presenter: Customize to your organization’s policy
outlining employee eligibility.)
Our Company believes that employees who are eligible and
make the best telecommuters possess the following
characteristics:
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Organized.
Excellent time management skills.
Self-motivated/self-starter.
Strong written and verbal communication skills.
Work well with limited supervision.
Self-disciplined.
Strong performance record and job knowledge.
©SHRM 2008
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Characteristics of a Successful Telecommuter
(cont’d)
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Successfully completed their training phase.
Comfortable using telecommuting equipment.
Comfortable working alone.
Resourceful when handling technology issues.
Able to communicate effectively using mixed media such as phones,
email and video conferencing.
 Ability to establish work life/home life boundaries.
 Supportive home environment free from household distractions.
©SHRM 2008
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Group Discussion
•
Using our company telecommuting and IT policies, discuss in
your small group whether you would approve or deny the
following telecommuting request and your reasons why:
John has been with the company 3 months and is considered to
be in the “training phase”, which usually lasts 6 months. His
work is closely monitored by his immediate supervisor, who
provides him with weekly summaries and recommendations for
improving his performance. John has asked to telecommute 1
day a week. He indicates that his request is so he can go the
mosque, which is 25 miles away and is in the opposite direction
from the office, and so he can get there in time. He tells you
that Friday is his “holy day,” and telecommuting would allow him
to practice his religion as dictated.
©SHRM 2008
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Group Discussion (cont’d)
•
Using our company telecommuting and IT policies, discuss in
your small group whether you would approve or deny the
following telecommuting request and your reasons why:
Maria has been with the company 6 months; for the past 2
months, she has been on a performance improvement plan due
to tardiness issues. She is requesting that she start
telecommuting so that she can be home to ensure her kids get
on the school bus on time. She believes that telecommuting
would solve her tardiness issues.
©SHRM 2008
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Questions? Comments?
©SHRM 2008
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Major Employment Laws That Apply to
Telecommuters
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FLSA - Wage and Hour Compliance
OSHA - Workplace Safety
WC - Workers’ Compensation
ADA - Americans with Disabilities Act
FMLA - Family Medical Leave Act
©SHRM 2008
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Major Employment Laws That Apply to
Telecommuters (cont’d)
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The Fair Labor Standards Act (FLSA) is a federal law which
outlines wage and hour compliance including minimum wage
and overtime provisions.
The FLSA applies to telecommuters under the concept of Place
of Work:
 Hours worked include all the time during which an employee is required
or allowed to perform work for an employer, regardless of where the
work is done--whether on the employer’s premises, at a designated
workplace, at home or at some other location.
 It is the duty of management to exercise control and see that work is not
performed if the employer does not want it to be performed. An
employer cannot sit back and accept the benefits of an employee’s
work without considering the time spent to be hours worked. Merely
making a rule against such work is not enough. The employer has the
power to enforce the rule and must make every effort to do so.
Employees generally may not volunteer to perform work without the
employer having to count the time as hours worked.
Source: www.dol.gov/elaws/esa/flsa/hoursworked/screen1d.asp
©SHRM 2008
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Major Employment Laws That Apply to
Telecommuters (cont’d)
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Under the FLSA, employees who are paid on an hourly basis
and are classified as “nonexempt” must receive overtime pay
for all hours worked over 40 in a workweek. Overtime pay is
one and one-half times the employee’s rate of pay.
Employers are not required by the FLSA to pay overtime to
employees who are classified as “exempt” under the FLSA and
are paid on a “salary basis”.
Managing nonexempt telecommuters involves special attention
to wage and hour compliance.
©SHRM 2008
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Major Employment Laws That Apply to
Telecommuters (cont’d)
•
Some of the challenging wage and hour compliance issues
when managing nonexempt telecommuters include:
 Overtime.
 Reporting and monitoring of hours.
 “Working off the clock”.
 Pre-approval of overtime.
©SHRM 2008
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Major Employment Laws That Apply to
Telecommuters (cont’d)
Overtime
• Nonexempt employees are paid overtime for all hours worked
over 40 in a workweek.
• The FLSA does not require overtime to be calculated for hours
not worked, such as vacation or holidays that fall in the week.
• The FLSA does not require employers to provide meal or rest
breaks (some state laws may), but says that when a nonexempt
employee is relieved of all duties for at least 30 minutes, this
time does not need to be compensated or counted toward hours
worked.
• Hours worked over 40 in a workweek must be counted and paid
as overtime, even if they were not previously requested or
authorized by management.
©SHRM 2008
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Major Employment Laws That Apply to
Telecommuters (cont’d)
(Note to Presenter: Check/review your company policies and
customize when necessary.)
Reporting and Monitoring of Hours
• The FLSA requires employers to keep accurate records of all
hours worked.
• Our company policy requires employees to either “sign-in” using
a timesheet or “clock in” using our time clocks.
• Nonexempt telecommuters will also be required to record the
hours they work to ensure that they are paid for all hours
worked and to verify the actual hours worked against their
scheduled and approved hours.
• Nonexempt telecommuters are required to check into and out of
our computer system on a daily basis. Doing so activates
computer-generated logs which are used for timekeeping,
monitoring and confirmation of days and hours worked.
©SHRM 2008
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Major Employment Laws That Apply to
Telecommuters (cont’d)
(Note to Presenter: Check/review your company policies and
customize when necessary.)
“Working off the clock” occurs when a nonexempt employee
works after either signing or clocking out for the day.
• Can result in working extra hours beyond the employee’s
scheduled or approved hours and lead to potential overtime
situations.
• Can easily happen when nonexempt telecommuters check their
work email or use company-supplied BlackBerries for company
business after hours.
• Is not acceptable by any nonexempt employee, and
telecommuters who engage in this practice may have their
telecommuting privileges revoked.
©SHRM 2008
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Major Employment Laws That Apply to
Telecommuters (cont’d)
(Note to Presenter: Check/review your company policies and
customize when necessary.)
Pre-approval of overtime
 Our company policy requires pre-approval of overtime before it
is worked. This policy can be more challenging when managing
telecommuters who are working off-site the day overtime is
needed.
 Management should try to phone or email the employee at least
4 hours in advance. If possible, management may reschedule
employee hours to prevent an overtime situation.
 Employees are expected to inform their managers of a potential
need to work over their approved schedule which could result in
overtime. Advanced notice by telecommuters is expected at
least 8 hours if practical.
©SHRM 2008
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Major Employment Laws That Apply to
Telecommuters (cont’d)
Workplace safety issues can be more challenging when
managing home-based telecommuters, because the line
between the workplace and the employee’s residence is
not always clearly defined.
 OSHA is a federal law which requires employers to
provide workplaces free from known hazards.
 Inspections of workplaces and requiring employers to
record workplace injuries are OSHA provisions that
employers need to comply with—including for
telecommuters.
 Recording of workplace injuries, including those in home
offices, applies to telecommuters.
©SHRM 2008
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Major Employment Laws That Apply to
Telecommuters (cont’d)
•
Inspections of the home offices of telecommuters, however, is
not required by OSHA as outlined in the following OSHA
guidance:
 OSHA will not conduct inspections of employees' home offices.
OSHA will not hold employers liable for employees' home
offices and does not expect employers to inspect the home
offices of their employees.
 If OSHA receives a complaint about a home office, the
complainant will be advised of OSHA's policy. If an employee
makes a specific request, OSHA may informally let employers
know of complaints about home office conditions, but will not
follow-up with the employer or employee.
Source – OSHA Instruction - Home-Based Worksites
http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=DI
RECTIVES&p_id=2254
©SHRM 2008
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Major Employment Laws That Apply to
Telecommuters (cont’d)
(Note to Presenter: Check/review your company policies and
customize when necessary.)
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Workers’ Compensation (WC) is a wage replacement benefit
law which provides employees compensation when they sustain
an injury or develop an illness during the course of employment.
Determining whether a telecommuter’s injuries or illness are
covered under WC is challenging. Information about whether
the injury was a result of a home office workplace or residential
situation must be taken into account.
Our policy is that employees are to report immediately to their
supervisors an injury or illness they consider work-related,
including slips or falls, regardless of whether it occurred on our
premises or in the telecommuter’s home office.
Supervisors are to report these injuries to HR within 24 hours of
being notified by the telecommuter.
It is not the supervisor’s or HR’s role to determine whether the
injury or illness is job-related. This decision is made by our WC
carrier.
©SHRM 2008
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Major Employment Laws That Apply to
Telecommuters (cont’d)
(Note to Presenter: Review your company policies and
customize when necessary.)
• The Americans with Disabilities Act (ADA) is a federal law which
requires employers with 15 or more employees to provide
reasonable accommodation for employees with disabilities.
• A “reasonable accommodation is any change in the work
environment or in the way things are customarily done that
enables an individual with a disability to apply for a job, perform
a job, or gain equal access to the benefits and privileges of a
job. The ADA does not require an employer to provide a specific
accommodation if it causes undue hardship, i.e., significant
difficulty or expense.” Source: www.EEOC.gov
• Telecommuting may be considered a reasonable
accommodation under the ADA.
©SHRM 2008
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Major Employment Laws That Apply to
Telecommuters (cont’d)
(Note to Presenter: Customize to your company policies.)
• The ADA does not require employers to provide telecommuting
as an accommodation. Our company practice and policy is to
consider telecommuting a reasonable accommodation when
appropriate.
• The nature of the work performed and employee eligibility
based on the employee’s performance record and tenure will be
considered when determining the feasibility of telecommuting as
a reasonable accommodation.
• Other factors will include whether the ability to supervise the
employee is affected by use of certain equipment or tools that
cannot be replicated or supplied in the home office.
• EEOC Guidance “Work At Home/Telework as a Reasonable
Accommodation” http://www.eeoc.gov/facts/telework.html and
the Job Accommodation Network (www.jan.wvu.edu) are two
sources for additional information.
©SHRM 2008
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Major Employment Laws That Apply to
Telecommuters (cont’d)
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The FMLA regulations also apply to telecommuters; however,
the office in their home is not considered a worksite.
From the DOL regulations: “An employee's personal residence
is not a worksite in the case of employees such as
salespersons who travel a sales territory and who generally
leave to work and return from work to their personal residence,
or employees who work at home, as under the new concept of
flexiplace. Rather, their worksite is the office to which they
report and from which assignments are made.”
Source:
www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.111.htm
©SHRM 2008
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Major Employment Laws That Apply to
Telecommuters (cont’d)
(Note to presenter: Customize to your organization’s policy.)
• Telecommuting is not an option when employees are
incapacitated with a “serious health condition” and are on
approved leave until released by their treating physician.
• Employees must submit a fitness-for-duty certificate to return to
work or supply medical certification allowing the employee to
n or work intermittently.
work a reduced schedule
• Employees who are on FMLA to care for a family member
remain on FMLA until the approved leave time has expired or is
no longer needed.
• Telecommuting is not a substitute for child care when the family
member is not covered under the FMLA.
©SHRM 2008
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Group Discussion
Using our company telecommuting and IT policies,
discuss in your small group how you would handle the
following situation and your reasons why:
• Maria reports to you that she fell and hurt her back
yesterday when she was telecommuting from home.
Amy, Maria’s close friend, has already told you about the
situation, supplying some additional information. It
appears that Maria, while she was logged on for the day,
forgot her coffee in the kitchen, and when she went to
retrieve it did not see the toy truck left on the floor. When
Maria tripped over the toy, she fell into the cabinet, then
slid onto the floor, landing on her back. Is her injury
covered by workers’ compensation?
©SHRM 2008
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Group Discussion (cont’d)
Using our company telecommuting and IT policies,
discuss in your small group how you would handle the
following situations and your reasons why.
• Describe two wage and hour issues when managing
nonexempt telecommuters and what your management
responsibilities are.
• Describe three ways you will link this knowledge to your
practice of managing telecommuters.
©SHRM 2008
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Questions? Comments?
©SHRM 2008
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Keeping Telecommuters Informed and Involved
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Traditional modes of communication, which depend upon faceto-face interaction, need to be supplemented so telecommuters
do not feel forgotten when they are off-site.
Providing special pre-/post-training and telecommuting
orientation can help with the transition. Training content should
include:
Review of the organization’s telecommuting policy.
Use of the organization’s telecommuting equipment.
Routine maintenance and troubleshooting of equipment.
Management’s preferred contact method.
Rules for notifying you and/or IT of equipment problems.
Rules for reporting personal injuries or damage to equipment.
Number of hours they are expected to work.
How unplanned overtime will be handled.
©SHRM 2008
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Keeping Telecommuters Informed and Involved
(cont’d)
•
You may want to assign a more experienced telecommuter to
serve as a “mentor” or “reality check”.
• Establishing a clear understanding of the following can help
keep both telecommuters and on-site employees informed,
connected and involved:
 How often telecommuters will “check in” with the office.
 When and how often telecommuters are expected in the office.
 How often telecommuters should check their phone and email
messages.
• Include telecommuters in office celebrations, either by making
arrangements for them to be on-site or through the use of
technology (e.g., audio or video conferencing).
©SHRM 2008
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Technology
(Note to Presenter: Customize to your company.)
• Technology can be used for keeping telecommuters informed
and feeling a part of the workgroup.
Video conferencing, the company’s intranet, bulletin boards,
instant messaging (IM) and phone calls are effective
communication and management tools.
©SHRM 2008
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Tips for Effective Management of Telecommuters
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Familiarize yourself with the company’s telecommuting policies.
Be sure you understand the selection methods used and can
communicate this information to employees.
Remember, not all employees or positions are suitable for
telecommuting.
Have employees test-drive the company’s telecommuting
equipment before “going live”.
Plan for IT issues and develop contingency plans.
Develop telecommuting orientation and training.
Develop checklists of supplies needed and provided to
employees.
Recognize that wage and hour issues, employee safety,
workers’ compensation, FMLA, and ADA compliance may be
slightly different when managing telecommuters.
©SHRM 2008
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Tips for Effective Management of Telecommuters
(cont’d)
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Clearly define and enforce your ground rules and expectations:
How often telecommuters will check in with you.
Your preferred contact method.
Notifying you and/or IT of equipment problems.
Reporting personal injuries or damage to equipment.
Number of hours they are expected to work.
How unplanned overtime will be handled.
Frequency and when telecommuters are expected in the office.
How often employees should check their phone and email
messages.
©SHRM 2008
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Tips for Effective Management of Telecommuters
(cont’d)
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Establish a schedule for face-to-face contact (but be flexible).
Recognize that the attributes of an effective telecommuter
(self-motivated, works well with limited supervision, low
affiliation needs) can also subject the employee to “out of sight,
out of mind syndrome” and/or feelings of isolation. Develop
resources for addressing these issues.
Develop methods for keeping telecommuters informed,
integrated and able to collaborate with on-site employees and
management.
Seek your own support system, such as mentors or coaches,
and ask for advice from managers experienced in supervising
telecommuters.
©SHRM 2008
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Group Discussion
In your small groups, discuss three ways you plan to:
• keep your telecommuters informed.
• foster a collaborative environment.
©SHRM 2008
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Questions? Comments?
©SHRM 2008
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Summary
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Not all positions and not all employees are suitable for
telecommuting. You must follow our criteria for selection of
telecommuting position and for the characteristics of a
successful telecommuting employee.
Major federal employment laws that apply to telecommuters are
FLSA, Workers’ Compensation, OSHA, ADA, and FMLA.
It is extremely important to keep telecommuters informed and
feeling part of their workgroup and of the company.
Having the best technological resources and planning on how to
handle technical difficulties is critical to the successful
management of telecommuters.
©SHRM 2008
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Summary (cont’d)
•
Tips for the effective management of telecommuters include
having a good knowledge of our telecommuting policies,
selecting the right jobs and employees for telecommuting and
setting and enforcing clear ground rules and expectations for
these off-site employees.
©SHRM 2008
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Questions? Comments?
©SHRM 2008
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Course Evaluation
Please be sure to complete and leave the evaluation sheet you
received with your handouts.
Thank you for your attention and interest!
©SHRM 2008
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