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Special Issue: Telecommuting: The Legal Risks of Telecommuting

By Daniel J. McCoy
June 30, 2008

Much has been written in recent years about the benefits and pitfalls associated with employee telecommuting arrangements. Many factors ' including technological advances in remote access to company electronic systems and lengthening commutes ' have fueled both the desire by employees to secure part-time or full-time telecommuting arrangements, and the willingness of employers to grant them. In addition, employers are taking a fresh look at telecommuting policies in response to an increased focus on pandemic planning. As a result of these and other factors, telecommuting arrangements have increased substantially throughout the country.

This article focuses on key legal duties engendered by telecommuting arrangements; the significant legal risks triggered by regular or periodic work-at-home arrangements; and practical steps employers can take to mitigate these risks.

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