12 Telecommuting Challenges

Telecommuting is gaining in popularity among employees and even some employers, but workplace issues can still be issues, even if the workplace is home.

Jeff Tenenbaum, who chairs the Nonprofit Organizations Practice Group at Venable LLP, notes that federal and state labor laws still apply, even for telecommuters. There are other considerations that should be heeded when contemplating telecommuting.

• The suitability of certain positions to telecommuting?
• Wage and hour requirements. The Fair Labor Standards Act (FLSA) and state counterparts raise issues for how nonprofits monitor telecommuter work schedules.
• Occupational Safety and Health Act (OSHA) issues.
• Workers’ compensation laws.
• Implications of the Americans with Disabilities Act (ADA). An employer is not necessarily required to permit telecommuting merely because it is the employee’s preferred reasonable accommodation.
• Anti-discrimination. Telecommuting typically raises concerns about disparate impact claims, which arise not from intentional discrimination but inadvertent problems arising from company policy.
• Medical leave needs. The most common problem arises when employers use telecommuting to pressure employees not to take medical leave.
• Privacy issues. These can conflict with an employer’s need to monitor the employee’s performance.
• Protection of confidential and proprietary information. Home office equipment such as computers and other devices containing work product and sensitive information should be dedicated to work-related activities only.
• Income taxes. Complications can arise when an employee telecommutes from a different state.
• Tort liability. Liability insurance should cover the telecommuting employee’s home.
• Zoning laws.

Sound Telecommuting Policies For Nonprofits

The topic of telecommuting has come up on this blog in the past as it relates to job seekers. Should they consider it when applying for work? What is the advantage of working from home as opposed to at the office? These are all questions that have been discussed in previous posts.

As big of an issue as it is for job hunters, telecommuting affects employers just as much.

Having employees work remotely can sometimes be a hassle. While technology has allowed remote workers to better interact with their co-workers, it can still be hard when an individual is not around to give instant feedback. Any nonprofit that allows telecommuting must have sound policies in place to make sure things run smoothly.

Jeff Tenenbaum, who chairs the Nonprofit Organizations Practice Group at Venable LLP, suggested several components that organizations need to include when creating telecommuting policies. These include:

• A clear definition of “telecommuting” for purposes of the telecommuting policy and any agreements between the employer and the employee;
• Easy-to-understand eligibility requirements;
• The steps of the telecommuting-approval procedure;
• Clarity that participation in the telecommuting program is a privilege and not a right, subject to revocation at any time for any lawful reason;
• Notice that abuse of telecommuting can result in disciplinary action, including termination;
• Understanding of the employer’s right to inspect the home-based work environment;
• A non-disclosure and confidentiality agreement;
• Statement of the employer’s right to change the terms of its telecommuting policy; and,
• Clear language that the telecommuting employee is expected to meet the same performance standards as on-site employees.

Can You Be A Stay-At-Home Fundraiser?

A Fundraising job would seem to be the type of position that would lend itself to telecommuting. You're going to be spending a lot of time on the phone or making visits with donors, so being in the office all of the time isn't always imperative.

This doesn't mean that all fundraisers are of the stay-at-home variety. As Jill Dotts of the American Heart Association pointed out at the Association of Fundraising Professionals (AFP) 49th International Conference on Fundraising, there are only certain positions in development that lend themselves to telecommuting. These jobs include:

• development director
• development officer
• donor relations manager
• special events manager
• grant writer
• database manager
• prospect researcher

Employers would do well to consider offering the option of telecommuting to any of the above positions, as this expands the reach of your job to candidates who live outside the state. If you do consider allowing telecommuting, Dotts said to address the following considerations:

• The real estate premium. Do you really need all that office space? Think of program space vs. administration.
• The recruiting/retention of staff who want flexibility.
• An organizational culture that includes trust and accountability.
• Consistent guidelines for the entire organization.
• Top-notch communication, and not just in day-to-day interaction.
• Awareness that telecommuting does not work well with micro- or insecure managers.