In order to minimize the legal risks presented by telecommuting employees, a prudent employer will enter into written agreements with its telecommuting employees, setting forth the obligations and expectations of each party involved in the telecommuting relationship.
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.
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.
Who's doing what; who's going where.
Recent rulings of interest to you and your practice.
Rulngs in neighboring states that may affect your practice.
In Part One of this article, the authors discussed the fact that the rule against hearsay often presents roadblocks for counsel in contested custody and visitation cases. Now they look at the specific exceptions to the rules against hearsay as they relate to child custody litigations.
On May 15, when the California Supreme Court ruled that marriage could not be denied to same-sex couples, the door seemingly flew wide open for gay and lesbian couples from any state in the union (and beyond) to go to California and get married. Whether that right would prove elusive for New York residents ' as was the case in Massachusetts, when that state decided to reserve gay marriage rights only for Massachusetts residents ' was an open question.
Punitive, Non-Economic Damages Reduced for Paraplegic Injuries
In an April 18 decision that could affect other kinds of cases involving a federal regulatory scheme, the Texas Supreme Court held that the U.S. Consumer Product Safety Act ('CPSA') pre-empts a tort claim brought against a cigarette lighter manufacturer.
