________________________

TELECOMMUTING:  WAVE OF THE FUTURE
________________________

By Dana Asher
Ms. Asher is a Freelance writer
based in New Rochelle, New York.
This article appeared in LawStreet.com

The day Jocelyn Burton accepted her position as vice president of marketing for Home Enterprises, Inc. was the day she found out she was expecting her second child, Madeline.  But while starting a job pregnant might be a problem for some, Burton was able to meet personal obligations without sacrificing her new work responsibilities.  Burton's solution was to telecommute.  "For me, it wasn't an issue," explains Burton, 32.  "As a matter of fact, it was a benefit.  What matters was that I fulfilled the responsibilities of the job, not which hours I work."  Although it is gaining popularity, telecommuting has not always been an option for Delaware-based Home Enterprises, which produces the syndicated TV show "Joy Philbin's Haven."  But in 1998, faced with a difficult position to fill, Home Enterprises' president was forced to look outside the immediate area to find the right employee.  Burton, at home with her then-15-month-old son Benjamin, was qualified and eager to test alternatives to standard employment.  Home Enterprises was willing to try telecommuting and, after an initial orientation, the company set up two phone lines (one for calls and the other for modem/fax)  in Burton's suburban New York home---a good 200 miles from the company's headquarters.

WELCOME TO THE FUTURE

Do you feel that you're ready to trade the 7:26 local into the city for an express route to your home office?  If so, that will leave one more vacant seat on a train which is already losing more and more of its passengers to the telecommuting track.  According to the U.S. Census Bureau, the number of Americans who work from home has nearly tripled, from 4 million in 1990 to more than 11 million today.  Apparently, if the boss lets you do your thing from home, you're in good company---in more ways than one.  Telecommuting, also referred to as work-at-home, flex-place or teleworking, allows employees to do all or a portion of their work form their home or a satellite office.  Instead of having an office at their company's facilities, telecommuters talk with their supervisors and co-workers by phone, e-mail and fax.  It's a growing trend.  A survey by Watson Wyatt Worldwide indicates the number of America's largest companies which offer telecommuting has risen 80% over the past five years.  Currently, 51% of the nation's largest employers take advantage of sophisticated technology to offer telecommuting to their employees.  "Clearly the technology makes it possible, but flex-place growth is a result of many factors," maintains Karol Rose, managing director of consulting at DCC, a provider of human resources services based in Westport, Connecticut.  Rose cites a strong economy, low unemployment, shrinking of the labor force, changes in employee values, and the stress of daily commuting as factors that have lead to the growth of telecommuting.  Telecommuting, however, is not just for new or expectant mothers like Burton.  This alternative also appeals to people who are unwilling to relocate and children who care for sick or elderly parents.  Telecommuting is also an attractive option for those who are physically disabled.

BEFORE YOU GET STARTED

The large increase in companies that offer telecommuting doesn't mean that everyone should be working from home.  Some employees, such as the company receptionist or a retail salesperson, have positions that just aren't conducive to working from home.  For example, a manager who oversees a sales team probably isn't going to be most effective from home, particularly with a staff that requires immediate answers, feedback, and motivation.  On the other hand, a graphic designer or writer who can complete an assignment relatively independently might find working from home an ideal opportunity to decrease office-based distractions.  Yet, even though your current job may not require your presence in the office on a daily basis, telecommuting is not always the answer.  Before committing to working at home, it's critical to weigh the pros and cons of working where you also eat, sleep, socialize, and meet personal needs.  Plenty is enviable about telecommuting.  There's a built-in flexibility when managing your schedule, as you can opt to put in a few hours after the kids are asleep or on weekends.  Then there's the weather issue---both when inclement and when you're under it.  It's easier to go to work when you don't have to leave the house.  There are also fewer distractions from co-workers and fewer expenses to bear.  Specifically, telecommuters may see a substantial reduction in the costs of transportation and childcare, maintaining a business wardrobe, and business lunches.  But as with everything else there are also disadvantages to telecommuting.  For some, the number of distractions increases.  Whether it's the kids fighting over the remote control, the nagging reminder of unfinished household chores, or persistent phone calls, deadlines may become out of reach for people without discipline.  Isolation can also be a drawback for those used to impromptu gatherings around the water cooler and lunchtime brainstorming sessions.  You might miss unscheduled meetings that result in critical decisions and plum assignments.  You're usually responsible for your own equipment and tech support won't make a house call when you lose your hard drive or the fax machine goes on the fritz.  There may also be a psychological toll as it's difficult to separate work from family when both are housed under the same roof.  At home, there's no quitting bell.  "People are forced to set boundaries on work that they never had to before the technology could follow us around," says Rose, who is also the author of WORK/LIFE EFFECTIVENESS:  PROGRAMS, POLICIES AND PRACTICES.  "We need downtime, and we need to define limitations and boundaries."

MAKING THE PITCH

Perhaps the most difficult challenge facing a prospective telecommuter is selling the idea to the boss.  In some cases, it's a hard sell.  Although more than one quarter of businesses offer telecommuting, most employees do not take advantage of this option.  "It's different to have an organization accommodate an individual than institutionalize a flex-place policy," says Rose.  "The difference is how it's communicated and whether managers and employees are educated in how to implement it, how to manage it, and how to end it.  If they're not. the program is not going to be very successful."  Where to start?  Those who have cultivated a reputation as reliable, professional, and disciplined are going to have an easier time convincing the boss that their performance from home will match, or supercede, what they've done at the office.  In addition, if your company does not already have a telecommuting program in place, you may convince them to implement one by reminding them of these corporate benefits to teleworking:
---The expansion of a wider geographic base for prospective employees.
---The raise in employee moral which acts to decrease turnover, and the costs of training and insurance.
---The reduction in the rate of absenteeism and tardiness.
---The decrease in the cost of office overhead and support services.
---The increase in employee productivity.

MAKING IT WORK

Let's say you've determined that your job is ideal for telecommuting, and, despite the challenges ahead, you're ready to ditch corporate headquarters for a computer and phone in the basement.  Your company has given the go-ahead and you've got all of your equipment set up.  Before you boot up the PC, however, there are a couple of items to keep in mind.  The days of closing the front door behind as you leave for work are over.  As Rose cautions, striking that work/life balance can be difficult, but necessary for peace of mind and family.  Actively maintaining this balance becomes even more important when there's no car or bus ride to create psychological borders between work and your personal life.  To re-establish such boundaries, you may need to shut down the computer  for the day and resist the temptation to work during family time.  Or, it may mean you let the answering machine get the phone (provided you have a separate business line, imperative in nearly all work-at-home situations).  Making a schedule and sticking to it helps forge a routine, which gives your family an idea of what to expect from you and when they can expect it.  If you're feeling isolated, take a break from work to phone friends, have lunch with a mentor, or go to the park with the kids.  Try to remain connected to the office with phone calls to discuss fine points of your work.  Staying abreast of what's happening there can serve as a reminder that even though you work at home, you're still an integral part of a team.  For Burton, this translates into daily conference calls with the office at 2 P.M.  "It's the subtleties in conversation on your way to the bathroom," she says.  "At one point, my boss questioned whether we needed to talk every day.  And I told him that even on the days that I don't have a lot to report, I still like to hear what everyone else is doing.  It's important to feel like I'm in the loop."  Finally, if you're going from an office job to a telecommuting one, don't try to be a super hero.  Just because you're in the house doesn't mean you're not working.  It's impossible to tackle all of the housework, childcare, and job responsibilities solo.  Make sure you have a strong support team behind you.

LEGAL ISSUES

If your employer isn't amenable to your pleas to work from home, remember, telecommuting raises challenges for them as well.  "While more and more employees have been released from geographical ties to the traditional workplace as a result of laptop computers, dial-in networks, mobile phones, and other technology, these conveniences also can create liabilities for employers, such as compromising the security of confidential and proprietary company information, and problems keeping track of overtime." says Larry A. Walraven.  As an attorney with O'Melveny & Myers, LLP of Newport Beach, California, and a member of the firm's labor and employment practice group, Wallraven cautions employers to "Institute policies and procedures that protect their interests and that leave no room for misunderstandings that can mushroom into employee lawsuits."  Walraven identifies four possible areas of vulnerability, and their respective solutions, for employers. who offer telecommuting.  Although these suggestions are primarily aimed towards employers, employees should also keep in mind how to reduce future problems.
1.  WAGE AND HOUR ISSUES.  Whether an employee teleworks full-time or spends "extra" hours on a laptop from home, telecommuting can make it tough for employers to comply with state and federal wage and hour laws governing regular and overtime pay.  What to do"  According to Walraven, companies can adopt policies that clarify if, and to what extent, working at home is permitted.  Employees should also keep track of their hours worked if they would normally do so at the office.
2.  CONFIDENTIAL AND PROPRIETARY INFORMATION.  It's more than likely that confidential company information will be downloaded onto laptops or home computers or taken from the office on disks for home computer use.  "If a laptop is stolen, the sensitive information on its hard drive becomes an open book." adds Walraven.  As a result, any company that provides telecommuting needs to institute a comprehensive security program to prevent or reduce inadvertent disclosure of this information.
3.  MONITORING E-MAIL AND INTERNET USE.  Although an employer does not necessarily have the right to monitor a telecommuter's e-mail or internet use, employees should use them with with caution.  If the employee accesses the company's internet server or e-mail system from a remote location, the employer may be able to review information stored on the company's system, even though the employee, by using his own computer, might have a reasonable expectation of privacy," says Walraven.  In addition to Walraven's advice, it is important to remember that federal workplace safety laws still apply to telecommuters.  This means that employers and employees must work together to meet the Occupational Safety & Health Administration's (OSHA) standards.    If you can overcome the objections, all of the details should be spelled out, including the hours and days to be worked, expected productivity levels, and required contact between teleworker and manager.  "Employees should use a teleworking proposal which, once approved, should be followed up by a teleworking agreement, signed between employee and manager," advises Jeff Zbar, author of "Home Office Know-How."  Some issues that should be stipulated and signed in the agreement might include payment of insurance premiums, furniture, computer hardware, and high-speed Internet access.  "Typically, these expenses have fallen to the employee," explains Zbar, who consults with individuals setting up home offices and offers seminars on the subject.  "But employers increasingly are offering to split some of the hard costs."  "An agreement helps guide the program and its potential for success," says Zbar.  "No expectations are exaggerated and no results---including success---are a surprise."
 
 

BRANDON PRESS