Those Who Work at Home
The Workers' Comp Insider highlights the important subject of workers who work out of their homes. Two issues - independent contractor or employee status and workers; compensation - are subjects that can trip up the unwary employer.
All too often, it is not uncommon for an employer to consider someone working at home to be an independent contractor. They don't work on the employer's premises, they most likely operate independently, and the employer may feel as though they have little control over them. Unfortunately, however, many times these individuals will meet the status of an employees. The WC Insider identifies a list of best practices for employers to consider before the individual starts work. Things to include:
- develop time sheets which document hours on task (these can usually be incorporated into the log on /log off process)
- require approval for any proposed overtime
- set ergonomic standards for at-home workstations
- clarify in writing the benefits available to at home workers, including travel reimbursement, sick leave and severance pay
- outline the explicit criteria for exempt and non-exempt employees, so the at-home worker understands his or her status
Last but not least, the Insider discusses the perils of not addressing Workers’ Compensation issues for those working at home, noting:
“Employees are covered by workers comp while they are "in the course and scope of employment." In other words, they are covered while working at home, even if they set their own hours and despite the fact that they have no direct supervisors. This raises some intriguing issues: what if I slip and fall or trip over a box in my home office? What if my work station is ergonomically risky? What if I burn myself making a cup of coffee? What do I report to my manager and how?”
Add this to your list of things to address.