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Special Issue: Telecommuting: Office Space Without Walls
Telecommuting simply means working from a distance. It can include working from home or any other alternative work site. This article focuses on the most typical scenario, working from home; however, many of the same issues may also apply to employees who perform work-related tasks away from the office, wherever that may be. This article does not attempt to provide a comprehensive list of every issue that telecommuting presents, but rather, examines some of the most important issues in the following four areas: employee status for tax purposes; wage and hour; reasonable accommodation under the ADA; and workers' compensation.
Many employers allow their employees to work from home or a remote work site. While an estimated 12 million employees telework more than eight hours per week, that statistic fails to describe adequately the extent to which telecommuting has become a way of life. See Tahmincioglu, Eve: The Quiet Revolution: Telecommuting. msnbc.com, Aug. 19, 2007, available at http://today.msnbc.msn.com/id/20281475/ (last visited June 10, 2008). The reality is that approximately 45 million employees perform some part of their job away from the office thanks in large part to advances in remote access technology. See Qualters, Sheri: Telecommuters Are Reaching Out to Sue Their Employers. The National Law Journal, Dec.15, 2006, available at http://www.law.com/jsp/LawArticlePC.jsp?id=900005552578. The ubiquitous hand-held devices allow employees to be 'on-call' to receive work-related communications 24 hours a day wherever they are. Many employers also have software that allows remote access by home computer to e-mails, databases, desktops, programs, and whatever else an employee typically needs to perform the job. Because teleworking can also be as simple as completing paperwork at home after hours or working from a satellite office, most employers have “telecommuters.'
Pros and Cons of Telecommuting
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?