Legal Issues Abound in World of Telecommuting Including ...vtrc.virginiadot.org/rsb/RSB12.pdf ·...

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Laws Telecommuters Home Office Workers Telecommute KEY SEARCH TERMS: Telecommuting VDOT Research Library 530 Edgemont Road Charlottesville, VA 22903 Ph: (434) 293-1959 Fax: (434) 293-1990 [email protected] Legal Issues Abound in World of Telecommuting Including: Workers’ Compensation, Tax Issues, And Compliance with ADA and OSHA Regulations Prepared by Ken Winter, September 2007 Research Synthesis Bibliographies (RSBs) are distillations of relevant transportation research on current topics of interest to researchers, engineers, and policy/decision makers. Sources cited are available for loan (or available through Interlibrary Loan) to VDOT employees through the VDOT Research Library. Research Synthesis Bibliography No. 12

Transcript of Legal Issues Abound in World of Telecommuting Including ...vtrc.virginiadot.org/rsb/RSB12.pdf ·...

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Laws

Telecommuters

Home Office Workers

Telecommute

KEY SEARCH TERMS:

Telecommuting

VDOT Research Library 530 Edgemont Road Charlottesville, VA 22903 Ph: (434) 293-1959 Fax: (434) 293-1990 [email protected]

Legal Issues Abound in World of Telecommuting Including: Workers’ Compensation, Tax Issues, And Compliance with ADA and OSHA Regulations Prepared by Ken Winter, September 2007

Research Synthesis Bibliographies (RSBs) are distillations of relevant transportation research on current topics of interest to researchers, engineers, and policy/decision makers. Sources cited are available for loan (or available through Interlibrary Loan) to VDOT employees through the VDOT Research Library.

Research Synthesis Bibliography No. 12

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While Telecommuting Gains Momentum, It Remains Fraught with Practical and Legal Considerations: Caution is Advised in Assessing Benefits and Liabilities Telecommuting is defined as using telecommunications technology to allow employees to work from remote locations (including the field, while traveling, or most typically from their homes) instead of commuting to a conventional workplace at a conventional time. By definition, telecommuting decentralizes, defying conventional notions of how work, workers and the “workplace” are structured. Technological advancements in the form of better network connectivity, faster handheld devices, and improved and less expensive portable computing are creating more opportunity for many workers to work outside the office. In addition, state and federal governments are beginning to emulate private industry by revising and updating their policies to add telecommuting as a means of attracting and retaining skilled white-collar workers, and to remain flexible and competitive in today’s tight labor market. Proponents argue that telecommuting can improve productivity, while helping employees balance life demands. Opponents argue that there are many pitfalls in telecommuting, including isolation, lessened productivity, and reduced teamwork, synergy and camaraderie. A literature search reveals that telecommuting cases are gaining momentum in the workplace and in the courtroom. Both employers and the courts are reconciling this new paradigm with employment laws that predate modern technology. The most common legal liability seems to stem from workers’ compensation concerns and the fact that it is often unclear precisely when telecommuters are working, when are they preparing to work, and when they have temporarily stopped working. In addition, there have been some cases where employees requested telework arrangements as a “reasonable accommodation” under the Americans with Disabilities Act. In 2000 a trial balloon on regulating home offices caused an uproar in the popular press and OSHA issued a formal directive to soothe concerns about possible intrusions into workers' homes, stating that it will not inspect home offices for violations of federal safety and health rules, and it does not expect employers to do so either. Still, many employers remain wary of telecommuting. These are just a few of the issues that have sprung up around telecommuting. The following literature search presents a wide variety of articles covering the topic from many different angles. Many emphasize the need for (and some give examples of) telecommuting agreements and an understanding of how teleworkers will be managed. Some also clarify alternative work arrangements that take advantage of telecommuting technology and opportunities as alternatives to full-time telecommuting. Those options include but are not limited to: job sharing, flex time, partial telecommuting, working as an independent contractor, and working as a leased or contract employee.

--- Ken Winter, MLIS

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Databases Searched for this RSB InfoTrac J-STOR LegalTrac Legal Periodicals Full Text TRIS Online TRANSPORT WorldCat OVERVIEW Research Synthesis Bibliographies (RSBs) are selected lists of resources on current topics of interest to VDOT employees or divisions. When available, links to online documents are provided. In some cases the library has printed copies of these documents and that is indicated. RSBs are “selective listings,” organized and distilled from the larger universe of materials to save the researcher’s time. Selection criteria used by library staff include authority, relevance, and timeliness. GETTING RESOURCES LISTED HERE Full text copies of all resources listed in this document are available in the VDOT Research Library’s collections, via online links, or through Interlibrary loan. In many cases, the VDOT Research Library owns both virtual and hard copies of documents, as well as formats such as CD-ROM. Library staff is available Monday-Friday 8:00-5:00. Don’t hesitate to contact us if you have a reference question, a question about our lending policies, or need any other kind of help. Library Checkout and Interlibrary Loans Requests: Misty Boos, Circulation Assistant [email protected] 434-293-1902 Reference Questions: Ken Winter, Director Library/Info. Services [email protected] 434-293-1959 Cataloging & Technical Services Questions: Pat DeSalvo, Associate Librarian [email protected] 434-293-1965

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INITIAL READING The following books, reports and articles provide a good overview of the issues involved with telecommuting contracts and practice, including some information published by federal, state, or local government agencies. There are a few reports affiliated with Departments of Transportation. Many of these reports and articles focus on legal aspects of telecommuting and several offer practical guidance on key points to consider when creating a telecommuting program or in creating employee telecommuting agreements.

City Of Seattle Employee Telecommuting Policy Project PUB. DATE: 1990s SOURCE: Urban Consortium Energy Task Force, Public Technology, Energy Program, et al. , [i], 11, [6] : ill. ; 27 cm.; Geographic: Seattle (Wash.) -- Officials and employees -- Transportation.; Note(s): "A Project of the Public Technology, Inc. Energy Program."/ Funding: Performed by the Seattle Engineering Department and funded through the Urban Consortium and the U.S. Department of Energy.; General Info: Phase I final project report./ January 1992-June 1, 1993.; Responsibility: Urban Consortium Energy Task Force.; Entry: 19991222; Update: 19991222. ABSTRACT: unavailable DATABASE: WorldCat ACCESS: Available through Interlibrary Loan.

The Costs And Benefits of Telecommuting : A Review And Evaluation Of Micro-Scale Studies and Promotional Literature PUB. DATE: 2000 SOURCE: Kevan R. Shafizadeh, Partners for Adanced Transit and Highways (Calif.), California, et al. , v; ill. ; 28 cm.; Note(s): "Performed ... in cooperation with the State of California Business, Transportation, and Housing Agency, Department of Transportation; and the United States Department of Transportation, Federal Highway Administration."/ "August 2000."/ Includes bibliographical references (p. 46-49)./ Also available on the Internet. Adobe Acrobat Reader required.; Responsibility: Kevan R. Shafizadeh ... [et al.] (University of California, Davis).; Date of Entry: 20001004; Update: 20070111. ABSTRACT: In this report, four small-scale telecommuting pilot project studies that take into account costs and benefits are reviewed for their methodology and assumptions. The report identifies common inputs, critical assumptions, and limitations of the studies. In addition, the major findings of each study are presented and compared to claims found in promotional literature. It is found that few pilot evaluations contained cost-benefit results. DATABASE: WorldCat ACCESS: http://www.path.berkeley.edu/PATH/Publications/PDF/PRR/2000/PRR-2000-13.pdf

Conference Proceedings, Minnesota Telecommuting Conference, May 15-16, 1991, Bloomington, Minnesota PUB. DATE: 1991 SOURCE: Mary E. Brauer, Minnesota and Dept. of Transportation. , 79 p. ; 28 cm.; Note(s): Includes bibliographical references (p. 64).; Responsibility: sponsoring organizations, Minnesota Department of Transportation ... [et al.] ; edited by Mary Brauer. ABSTRACT: Unavailable. DATABASE: WorldCat ACCESS: Available through Interlibrary Loan

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The Expanding Workplace: Telecommuting and Legal Liability Under OSHA, ADA, and Workers' Compensation PUB. DATE: 1999 SOURCE: David R. Wade. Labor Law Journal, Vol. 50, No. 4, p. 252. ABSTRACT: The trend toward telecommuting work arrangements poses challenges to established employment law doctrines. Although precise estimates of the number of telecommuters is difficult to establish, it is frequently reported that there were 11.1 million telecommuters in the U.S. in 1997, compared with 8.5 million in 1995. Moreover, telecommuting, and other flexible work place arrangements, will become increasingly common in the coming years. As a result, concerns and difficult questions with regard to employment law will also become more prevalent, and legislative guidelines or administrative rules will be needed in order to assist the decision-making bodies that are called on to adjudicate in such cases. ABSTRACT: Unavailable. DATABASE: Legal Periodicals Full Text ACCESS: Available through Interlibrary loan

Final Evaluation Report On Year One of The Hawaii Telework Center Demonstration Project PUB. DATE: 1991 SOURCE: Anonymous, SMS Research, Hawaii and Dept. of Transportation. , 59, [2] leaves : map ; 28 cm.; Note(s): Cover title./ "January 8, 1991."; Responsibility: SMS Research ; prepared for Department of Transportation, State of Hawaii. ABSTRACT: Unavailable. DATABASE: WorldCat ACCESS: Available through Interlibrary loan

Final Report On Telecommunication Shared Resources Legal And Institutional Issues PUB. DATE: 1997 SOURCE: United States and Dept. of Transportation. , Named Corp: United States. Dept. of Transportation -- Management. ABSTRACT: Unavailable. DATABASE: WorldCat ACCESS: Available through Interlibrary loan

Homework PUB. DATE: 2000 SOURCE: William J. Kilberg. Employee Relations Law Journal, Vol. 26, No. 1, p. 1. ABSTRACT: The Labor Department has been reluctant to recognize that many of its policies and interpretations are out of step with a changing workplace. On November 15, 1999, the Occupational Safety & Health Administration (OSHA) of the Department of Labor responded to a two-year-old query from CSC Credit Services in Houston asking what its obligations would be if it permitted some of its sales executives to work at home. Although the Safety and Health Act applies to "workplaces" without defining them, OSHA's letter disregards any duty the agency might have to provide a rational definition of the Act's language and assumes that the Act must apply. Although ordering the letter withdrawn in the wake of protest from Congress, business groups, and others, neither the Secretary of Labor nor the Assistant Secretary for OSHA exhibited any appreciation for the silliness of

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their policy, and, instead, both reasserted that home work sites are subject to government regulation, irrespective of the nature of the activity involved. Jobs today are more flexible and adaptable to the U.S. worker, and telecommuting has offered employees new freedom, but instead of welcoming these trends, the Department is extending its authority to oppose them. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

House Will Scrutinize DOL Letters; OSHA Advisory On Telecommuter Safety Prompts a Hearing PUB. DATE: 2000 SOURCE: Anonymous , National Law Journal, 02/07, Section 22, Issue 24, p. B1. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

Implementing Telecommuting PUB. DATE: 1994 SOURCE: Wendell H. Joice, United States, Dept. of Transportation, et al. , 38 p. ; 28 cm.; Note(s): Cover title./ In cooperation with the Technology Sharing Program./ "Interagency Telecommuting Program."/ "DOT-T-94-10."/ Report: DOT-T-94-26. ABSTRACT: Unavailable. DATABASE: WorldCat ACCESS: Available at the VDOT Research Library, Call Number: HD 2336 .U5 J64 1994

International Workshop on Planning Regional Telecommuting Programs Workshop Proceedings PUB. DATE: 1997 SOURCE: Katherine F. Turnbull, United States, Dept. of Transportation, et al. , ix; ; 28 cm.; Note(s): Workshop held Nov. 3-5, 1997 at the Arnold and Mable Beckman Center, Irvine, Calif./ "May 1997."/ Funding: "Presented by U.S. Department of Transportation and the Travel Demand Management Committee, Telecommunications and Travel Behavior Committee, Transportation Research Board, National Research Council." ABSTRACT: Unavailable. DATABASE: WorldCat ACCESS: Available through Interlibrary loan

The Law of Telecommuting PUB. DATE: 2001 SOURCE: Nicole Belson Goluboff and American Law Institute-American Bar Association Committee on Continuing Professional Education. , xxvii; ; 24 cm.; Note(s): Includes bibliographical references and index.; Responsibility: Nicole Belson Goluboff. ABSTRACT: Unavailable. DATABASE: WorldCat ACCESS: Available through Interlibrary loan

Long Arm: Does OSHA's Reach Extend To Employees Working At Home on Company-Provided Computers? PUB. DATE: 2000

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SOURCE: Linda S. Peterson. Tennessee Bar Journal, Vol. 36, No. 11, p. 14. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

A Look At What Some States Are Doing. Florida's Telecommuting Pilot Program SOURCE: Anonymous , AASHTO Quarterly Magazine, Vol. 71, No. 4, p. 10-11. ABSTRACT: A 2-year state employee telecommuting pilot program was enacted by a law in Florida in 1991. The Florida Department of Transportation was afforded the opportunity to participate in the program. The law defines telecommutng as a work arrangement whereby selected state employees are allowed to peform the normal duties and responsibilities of their positions, through the use of computers or telecommunications, at home or another place of work. This article briefly describes how designated employees routinely work at home two to four days a week, and report to the central office to attend meetings, collect assignments and other materials. Experience across the country shows energy savings, pollution reduction and higher job satisfaction. DATABASE: TRIS Online ACCESS: Available at the VDOT Research Library.

Minnesota Department of Transportation 1998 Employee Telecommuting Survey Results : A Report Generated By Minnesota Department of Transportation's Sustainable Transportation Initiatives Group, Office of Advanced Transportation Systems PUB. DATE: 1999 SOURCE: Mary E. Jackson, Minnesota, Dept. of Transportation, et al. , ii, 28, [2] leaves : ill. ; 28 cm.; Named Corp: Minnesota. Dept. of Transportation -- Officials and employees -- Attitudes.; Note(s): "March 1999."/ Includes bibliographical references. ABSTRACT: Unavailable. DATABASE: WorldCat ACCESS: Available at the VDOT Research Library.

NOTE: Telecommuting and the Americans With Disabilities Act: Is Working at Home a Reasonable Accommodation? PUB. DATE: 1997 SOURCE: Anonymous. Minnesota Law Review, 05/01. ABSTRACT: Unavailable. DATABASE: LexisNexis Academic Universe ACCESS: Available through Interlibrary loan

Off-Premises Policy; While California Law On Workplace Safety For Telecommuters Is Still Unclear, Employers Can Minimize The Potential For CAL-OSHA Liability By Taking A Few Proactive Steps (California Law Business) PUB. DATE: 1999 SOURCE: Manik K. Rath and Kimberly Ann Gates. Los Angeles Daily Journal, Section 112, Issue 211, p. S18. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

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Old Law Vs. The New Economy: How New Deal-Era Regulations Stifle Flexible Work Arrangements PUB. DATE: 2002 SOURCE: James V. DeLong. Government Union Review, Vol. 20, No. 1, p. 1. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

Orientation To Telecommuting : Trainers' Guide and Participant Workbooks PUB. DATE: 1994 SOURCE: United States, Dept. of Transportation, United States, et al. , ill. ; 28 cm.; Note(s): Cover title./ "Intragency Telecommuting Program."/ "DOT-T-94-27"--P. 4 of cover./ Report: DOT-T-94-27; Responsibility: U.S. Department of Transportation [and] U.S. General Services Administration. ABSTRACT: Unavailable. DATABASE: WorldCat ACCESS: Available through Interlibrary loan

OSHA Instruction: Subject: Home Based Worksites ABSTRACT: This instruction provides guidance to OSHA's compliance personnel about inspection policies and procedures concerning worksites in an employee's home. This instruction supersedes all previous statements and guidance on the subject. ACCESS: http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=DIRECTIVES&p_id=2254

OSHA Still Eyes Rules On Home Offices; Study Is Requested On Bosses' Duty To Make Telecommuting Safe PUB. DATE: 2000 SOURCE: Emily Heller. National Law Journal, Section 22, Issue 22, p. B1. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

Report Of The Virginia Employment Commission on The Potential Benefits of Telecommuting To The Governor and The General Assembly Of Virginia PUB. DATE: 1994 SOURCE: Virginia Employment Commission, House Document No. 13. ABSTRACT: Unavailable. DATABASE: WorldCat ACCESS: Available though the VDOT Research Library, Call Number: J 87 .V9 1991c no.13 Report to The Minnesota Legislature on Telecommuting In The Twin Cities Metropolitan Area PUB. DATE: 1994 SOURCE: Minnesota and Dept. of Transportation. , 1 v. (various pagings) : ill. ; 28 cm.; Note(s): Title from cover./ "April 20, 1994."/ Includes bibliographical references.; Responsibility: by the Minnesota Department of Transportation. ABSTRACT: Unavailable.

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DATABASE: WorldCat ACCESS: Available through Interlibrary Loan.

Sample Telecommuter's Agreement PUB. DATE: 2000 SOURCE: Thomas J. Griffith. Corporate Counsel's Quarterly, Vol. 16, No. 2, p. 123. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

Sample Telecommuting Policy PUB. DATE: 2000 SOURCE: Anonymous. Corporate Counsel's Quarterly, Vol. 16, No. 4, p. 96. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

State Tax Implications of Employing Telecommuters PUB. DATE: 2005 SOURCE: Deborah Rood and Karen Nakamura. The Tax Advisor, Vol. 36, No. 6, p. 360. ABSTRACT: As the trend to hire telecommuters becomes increasingly prominent and telecommuting options continue to grow, in-house tax directors and business advisers must ask more detailed questions about the kinds of activities that management and employees conduct in the various states. From a state tax perspective, the key consequences include personal income-tax withholding obligations; sales and use tax collection and remittance obligations; corporate franchise and income-tax obligations; and other miscellaneous tax and filing obligations, including local taxes and unemployment insurance filing obligations. DATABASE: Legal Periodicals Full Text ACCESS: Available through Interlibrary loan

Statewide Operating Instructions for Employee Telecommuting PUB. DATE: 1999 SOURCE: California, Dept. of Transportation and Building Operations Center. , 1 v. ; 28 cm.; Named Corp: California. Dept. of Transportation -- Officials and employees -- Telecommuting.; Note(s): "September 1999."; Responsibility: prepared by State of California, Department of Transportation, Building Operations Center. ABSTRACT: Unavailable. DATABASE: WorldCat ACCESS: Available through Interlibrary loan

The Status Of Telework In the Federal Government PUB. DATE: 2005 SOURCE: United States, Office of Personnel Management, United States, et al. , 69; ; 28 cm.; Note(s): Electronic version includes 4 appendices: Appendix A: Section 359 of Public Law 106-346 -- Appendix B: 2004 Telework Survey -- Appendix C: House Report 107-575 -- Appendix D: Section 630(a) of the Treasury and General Government Appropriations Act./ Also available on the Internet on the OPM/GSA telework website: http://www.telework.gov.;

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ABSTRACT: Unavailable. DATABASE: WorldCat ACCESS: http://www.telework.gov/documents/tw%5Frpt05/

Telecommuter Law: A New Frontier In Legal Liability PUB. DATE: 2001 SOURCE: Dawn R. Swink. American Business Law Journal, Vol. 38, No. 4, p. 857. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

Telecommuting : How Much? How Soon? PUB. DATE: 1994 SOURCE: Hopkins, John B. O'Donnell, John. Ritter,Gary T., United States and Dept. of Transportation. , p. 518-527, IVHS America. Meeting (4th : 1994 : Atlanta, Ga.). The proceedings of the 1994 annual meeting of IVHS America. Washington, D.C. : IVHS America, 1994. Vol. 2. (OCoLC)31259320; Note(s): Includes bibliographical references (p. 526-527). ABSTRACT: Unavailable. DATABASE: WorldCat ACCESS: Available at the VDOT Research Library, Call Numbers: TE 228.3 .I947 1994 v.1 and TE 228.3 .I947 1994 v.2

Telecommuting : Moving The Work To The Workers : A Handbook To Help You Set Up A Program At Your Company PUB. DATE: 1991 SOURCE: United States, Federal Highway Administration, California, et al. , i; col. ill., forms ; 28 cm.; Note(s): Cover title./ "Prepared through grants from the United States Department of Transportation, Federal Highway Commission, with the cooperation of the State of California Department of Transportation"--P. [2] of cover.; Responsibility: Commuter Transportation Services, Inc., CommuterComputer.; Entry: 20010403; Update: 20041029. ABSTRACT: Unavailable. DATABASE: WorldCat BACCESS: Available at the VDOT Research Library, Call Numbers: HD 2333 .T45 1991

Telecommuting Feasibility Analysis Report PUB. DATE: 1995 SOURCE: Tele-Commuter Resources, Minnesota and Dept. of Transportation. , 34, [3] leaves : ill. ; 28 cm.; Named Corp: Minnesota. Dept. of Transportation -- Personnel management.; Note(s): Title from cover./ "October, 1995."; Responsibility: prepared for Minnesota Department of Transportation. ABSTRACT: Unavailable. DATABASE: WorldCat ACCESS: Available through Interlibrary loan

The Telecommuting Phenomenon: Overview And Evaluation PUB. DATE: 1985 SOURCE: Southern California Association of Governments, Transportation Planning Dept

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and Special Studies Section. , chart ; 28 cm.; Note(s): Performed by Southern California Association of Governments, Transportation Planning Department, Special Studies Section/ "March 1985."/ Includes bibliographical references (p. 38-42). ABSTRACT: This report describes the different kinds of telecommuting; provides a number of existing examples; discusses potential advantages and disadvantages and other issues related to telecommuting; examines estimates of the extent and impacts of telecommuting; and offers some suggestions for action on the part of local governments. DATABASE: WorldCat ACCESS: Available through Interlibrary loan

Telecommuting Pilot Project for The Southern California Association of Governments PUB. DATE: 1986 SOURCE: Los Angeles, California, Central City Association, Telecommunications Task Force, Telecommuting Subcommittee, 26 pages. ABSTRACT: Unavailable. DATABASE: WorldCat ACCESS: Available through the VDOT Research Library, Call Number: HD 2336 .U5 T45 1986

Telecommuting Programs In Texas : Case Studies PUB. DATE: 1996 SOURCE: Katherine F. Turnbull, Texas Transportation Institute, Report Number: FHWA/TX-96/1446-2F, Includes Bibliographical references (p. 47-49), 59 pages. ABSTRACT: This study examines telecommuting programs at six agencies and businesses within Texas. The characteristics of the programs are summarized and the experiences with telecommuting are presented. Available reports, interviews with management personnel and telecommuters, and surveys of telecommuters are used to assess the telecommuting programs at the eight case study sites. Additional information is also summarized on other activities at the state and national levels. The study summarizes the sketch planning tools for assessing the potential for telecommuting in major Texas cities and for analyzing the impacts on the transportation system developed in an early phase of the project. Key elements of successful telecommuting programs are identified and policies the state and other groups can use to support telecommuting are outlined. Recommendations for implementing the results of the research are also identified. DATABASE: WorldCat ACCESS: Available through the VDOT Research Library, Call Number: HD 2336.35 .T4 T45 1996

Telecommuting: A Checklist for Program Implementation PUB. DATE: 2000 SOURCE: Janet G. Payton. Corporate Counsel’s Quarterly, Vol. 16, No. 2, p. 61. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

Telecommuting: The New Workplace Of The '90s PUB. DATE: 1996 SOURCE: Barry A. Hartstein and Mark L. Schulman. Employee Relations Law Journal, Vol

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21, p. 179. ABSTRACT: Telecommuting should not be implemented by employers without a careful consideration of the legal risks involved. Apart from discrimination concerns--especially under the Americans with Disabilities Act--there are clearly potential risks of workers' compensation and Fair Labor Standards Act claims. Therefore, employers should develop both procedural guidelines and agreements with employees that clearly set forth the parameters of any telecommuting arrangement. Privacy implications and Family and Medical Leave Act considerations are discussed. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

Telework in Montana State Government: Limited Scope Performance Audit PUB. DATE: 2003 SOURCE: Jim Wingard Nelson Mike and Montana. Legislature. Legislative Audit Division. , 1 v. (pagination varies) ; 28 cm.; Note(s): "Report to the Legislature."/ "03P-01."; Responsibility: Legislative Audit Division, State of Montana. ABSTRACT: Unavailable. DATABASE: WorldCat ACCESS: http://digitalarchive.oclc.org/da/ViewObject.jsp?objid=0000016215&reqid=10625

Work A Little Magic : How To Start Your Own Telecommuting Program PUB. DATE: 1993 SOURCE: Virginia, Governor's Telework/Telecommuting Advisory Task Force, 83 pages. ABSTRACT: Not available. DATABASE: WorldCat ACCESS: Available through the VDOT Research Library, Call Number: HD 2336 .U6 V819 1993

Work Structures Of The 21st Century: Implications For The Employment Law Practitioner PUB. DATE: 2001 SOURCE: Deborah S. Crumbley. Labor Law Journal, Vol. 52, No. 4, p. 245. ABSTRACT: Legal and policy issues related to evolving work structures that differ from traditional US employer/employee relationships are discussed. Alternative work arrangements covered include job sharing, flex time, telecommuting, independent contractor arrangements, and leased or contracted relationships. DATABASE: LegalTrac ACCESS: Available through Interlibrary Loan

Working At Home At Your Own Risk: Employer Liability For Teleworkers Under The Occupational Safety And Health Act Of 1970 PUB. DATE: 2002 SOURCE: Dutrow, Kelli L.,student author. Georgia State University Law Review, Vol. 18, No. 4, p. 955. ABSTRACT: Unavailable. DATABASE: Legal Periodicals Full Text ACCESS: Available through Interlibrary Loan

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SECONDARY READING There are many aspects of telecommuting that bear consideration by both employer and employee. These secondary readings discuss many important details at length, including but not limited to: managing telework employees, specific case studies or liability issues, issues related to technology, insurance, and ADA and OSHA compliance. Because these reports and articles are either very specific in focus or seem of secondary importance, they are grouped together.

Application Group, Inc. v. Hunter Group, Inc. {61 Cal. App. 4th 881 (1998)} PUB. DATE: 1999 SOURCE: Kahn, Mark A.,student author. Berkeley Technology Law Journal, Vol. 14, No. 1, p 283. Application Group, Inc. v. Hunter Group, Inc.; 61 Cal. App. 4th 881 (1998). ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary Loan.

Beyond The Border; Seattle Civil Rights Lawyer Plans To Telecommute From Central American Country.(Pat Stiley) PUB. DATE: 1999 SOURCE: Ashby Jones. Los Angeles Daily Journal, Issue 167, 8/30, Section 112, p 4. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary Loan.

Cardozo Tax Professor Assessed Twice For Working Out Of State.(New York And Connecticut Tax Laws) PUB. DATE: 2000 SOURCE: John Caher. , New York Law Journal, Issue 93, p 1. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary Loan.

Changes In 'Homework' May Make Current Regulatory Debate Moot. (Home Labor) PUB. DATE: 1986 SOURCE: Lenny Siegel. Los Angeles Daily Journal, 10/02, p 4. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary Loan.

Comment: Telecommuting: A Reasonable Accommodation Under The Americans With Disabilities Act As Technology Advances PUB. DATE: 2006 SOURCE: Anonymous , Regent University Law Review, 01/01, 2006. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary Loan.

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Corporate Counsel's Primer On Telecommuting PUB. DATE: 2003 SOURCE: Janet G. Payton and Business Laws. , 40 p. ; 28 cm.; Note(s): Author from page 1./ Cover title./ Includes bibliographical references (p. 35).; Other Titles: Telecommuting; Responsibility: [Janet G. Payton].; Entry: 20050224; Update: 20060811. ABSTRACT: 1. Introduction -- 2. The benefits and pitfalls of telecommuting -- 3. The legal implications of telecommuting -- 4. Conclusion. DATABASE: WorldCat ACCESS: Available through Interlibrary Loan

Court First To Rule On Telecommuting: Unemployment Benefits Available In State Where Employee Is Physically Present PUB. DATE: 2003 SOURCE: John Caher. New York Law Journal, Vol. 230, No. 3, p. 1 ABSTRACT: Unavailable. DATABASE: InfoTrac ACCESS: Available through Interlibrary loan

Do You Know Where Your Employees Are? And Do You Know What They Are Doing? The Virtual Work Environment Has Created A Legal Obstacle Course PUB. DATE: 2001 SOURCE: Stephen A. Fuchs. New Jersey Law Journal, Vol. 166, No. 11, p. 28. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

Does OSHA's Reach Extend To Employees Working At Home On Company-Provided Computers?(Long Arm) PUB. DATE: 2000 SOURCE: Linda S. Peterson. Los Angeles Daily Journal, 02/24, Issue 37, p 7. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

Electronic Communications And The Law: Help Or Hindrance To Telecommuting? PUB. DATE: 1998 SOURCE: Jennifer C. Dombrow. Federal Communications Law Journal, Vol. 50, No. 5, p 685. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

The Enforceability Gap of Covenants Not To Compete In Telecommuting Employment Relationships PUB. DATE: 1996 SOURCE: Kuo, Emily J.,student author. Univeristy of Chicago Legal Forum, 1996. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

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Equality In The Virtual Workplace PUB. DATE: 2003 SOURCE: Michelle A. Travis. Berkeley Journal of Employment and Labor Law, Vol. 24, No. 2, p. 283. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

From A Distance: Legal Telecommuters Find A Place At Home; How Do You Manage Them? PUB. DATE: 1999 SOURCE: Catherine Pennington Paunov. Legal Management, Vol. 18, No. 2, p. 48. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

From Workplace To Work Space; The Increase In Telecommuting Is Raising A Host Of Legal And Management Issues.(Labor & Employment) PUB. DATE: 1996 SOURCE: Maggie Murray Courtney and Lisa A. Lavelle. Legal Times, 06/10, Section 19, p.S30. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

The Home Office And The Tax Home: Where Are They In The Virtual World Of The Wi-Fi Society? PUB. DATE: 2006 SOURCE: James A. Fellows and Michael A. Yuhas. Taxes: The Tax Magazine, Vol. 84, No. 2, p. 29. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

Home Work Problems; Employers Must Address Liabilities Of Telecommuting PUB. DATE: 2000 SOURCE: Andrew M. Reidy. ABA Journal, Vol. 86, p.70. ABSTRACT: The increase in telecommuting, the need for employer awareness of the legal liabilities of this arrangement, and the liability insurance products available to employers with telecommuting programs are discussed. Employers should have a written policy on telecommuting and make sure existing insurance polices cover telecommuters. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

Home Work; Telecommuting Is A Rapidly Growing, But Legally Troublesome Trend PUB. DATE: 1999 SOURCE: Mary Micheletti. Los Angeles Daily Journal, Vol. 117, No. 74, p. 5. ABSTRACT: Unavailable.

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DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

Home-Based Workers: Data From The 1990 Census Of Population PUB. DATE: 1996 SOURCE: Linda N. Edwards and Elizabeth Field-Handley. Monthly Labor Review, Vol. 119, p. 26. ABSTRACT: While the Current Population Survey of 1991 revealed that 33% of US workers do some of their work at home, only 14.5% of those worked more than 35+ hours at home. Analysis of the Public Use Microdata Sample of 1991 shows that home-based workers are predominantly (63%) self-employed versus only 5.5% of on-site workers. Home-based workers are mostly female, they work nonstandard hours, and are more likely to live in rural areas. This suggests that work flexibility is the most important aspect of home working for home workers. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

How To Manage The Work Space (Workplace Injuries) PUB. DATE: 1996 SOURCE: Maggie Murray Courtney and Lisa A. Lavelle. New Jersey Law Journal, Vol. 146, p. S6. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

Huckaby v. New York State Division of Tax Appeals: In Upholding the Current Tax Treatment of Telecommuters, the Court of Appeals Demonstrates the Need for Legislative Action PUB. DATE: 2006 SOURCE: Bentley, Meredith A.,student author. , PD: Bibliographic footnotes; CC: Huckaby v. N.Y. State Div. of Tax Appeals; 829 N.E.2d 276 (N.Y. 2005). St. John’s Law Review, Vol. 80, No. 3, p. 1,147. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

Information At The Speed Of Life : Deciphering The Law Of Nevada Telecommunication PUB. DATE: 2002 SOURCE: Marshall, Kathleen M. McMillan, Kristin B. Pongracz, Ann C. and National Business Institute. , 2 v. (471) p. ; 28 cm.; Note(s): "08T2908."/ "This manual was prepared to accompany the faculty's presentation"--[i].; Other Titles: Deciphering the law of Nevada telecommunication. ABSTRACT: Unavailable. DATABASE: WorldCat ACCESS: Available through Interlibrary loan

Insuring The Workplace In The Age Of Telecommuting (Legal Technology) PUB. DATE: 1997

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SOURCE: Clarissa L. Wieiant. New Jersey Law Journal, Vol. 148, p. S2. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

Is The DOL Regulating Through The Back Door?: The Significance Of Its Interpretative Letters PUB. DATE: 2000 SOURCE: Heather L. MacDougall. Employee Relations Law Journal, Vol. 26, No. 1, p. 47. ABSTRACT: Recent interpretative letters issued by the U.S. Department of Labor regarding telecommuting and stock options have set off a firestorm of opposition from the business community, the public, and legislators. These controversies have called into question the relevance of such guidance, its applicability beyond the party who sought the letter, and the impact on employers generally. To some extent, this depends upon the amount of deference courts will grant such agency interpretations. Deference principles have been part of our jurisprudence for most of our country's history. These principles, at first glance, seem relatively straightforward. For example, when a statute is ambiguous, a reviewing court is to accept the governing administrative agency's interpretation and its relevant regulations. However, in practice, this apparent clarity of deference principles is deceiving, not only to practitioners but also to the federal courts. In particular, there is confusion with regard to what deference is owed interpretative rules, such as interpretative letters and advisory memorandum issued by a governing agency. The federal courts have impeded clarity on this issue by applying a variety of deference standards to these interpretative rules. In addition, since not all agency interpretations wind up being reviewed by a court, this article explains the practical significance of interpretative rules--no matter what level of deference the courts determine to apply. Reprinted by permission of the publisher. DATABASE: WorldCat ACCESS: Available through Interlibrary loan

Keeping In Touch ... Or Not PUB. DATE: 2002 SOURCE: Richard A. Leiter. Legal Information Alert, Vol. 21, No. 6, p. 9. ABSTRACT: Unavailable. DATABASE: InfoTrac ACCESS: Available through Interlibrary loan

The Law of Telecommuting PUB. DATE: 2002 SOURCE: Bryan M. Carson. Legal Information Alert, Vol. 21, No. 4, p. 18. ABSTRACT: Unavailable. DATABASE: InfoTrac ACCESS: Available through Interlibrary loan

Legal And Employment Issues Related To Telecommuting PUB. DATE: 2000 SOURCE: John R. Paddock. The Colorado Lawyer, Vol. 29, No. 2, p. 65. ABSTRACT: Unavailable.

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DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

The Legal Side Of Telecommuting PUB. DATE: 2000 SOURCE: Kim M. Hastings. For the Defense, Vol. 42, No. 12, p. 34. ABSTRACT: Unavailable. DATABASE: Infotrac ACCESS: Available through Interlibrary loan

Limit Employer Liability (From The Bakersfield California)(Editorial) PUB. DATE: 2000 SOURCE: Anonymous. Los Angeles Daily Journal, Section 113, No. 6, p. 6. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

N.J. Firms Offer ‘Telepractice' as Hiring Incentive PUB. DATE: 2001 SOURCE: Sandy Lovell. New Jersey Law Journal, Vol. 163, No. 13, p. 29. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

The Need For Workers' Compensation In The Age Of Telecommuters PUB. DATE: 2001 SOURCE: Duckworth, Matthew B.,student author. , Journal of Small & Emerging Business Law, Vol. 5, No. 3, p. 403. ABSTRACT: Unavailable. DATABASE: Legal Periodicals Full Text ACCESS: Available through Interlibrary loan

New Wage-And-Hour Issues, Safety Issues And Workplace Violence Considerations Are Raised By Telecommuting Employees Of Your Firm PUB. DATE: 1998 SOURCE: Mike Tonsing. The Federal Lawyer, Vol. 45, p. 19. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

New York May Tax Nashville Programmer Who Spends Only A Quarter Of Time In State PUB. DATE: 2002 SOURCE: John Caher. New York Law Journal, Section 227, Issue 115, p. 1. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

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New York's "Convenience-Of-The-Employer" Rule: From Defending The Fisc To Punishing Telecommuters: Ken Smith And Matt Cristy Suggest How To Preserve New York's Convenience-Of-The-Employer Rule, While Still Encouraging Telecommuting PUB. DATE: 2006 SOURCE: E. Kendrick Smith. Journal of State Taxation, Vol. 24, No. 3, p. 17. ABSTRACT: Unavailable. DATABASE: InfoTrac ACCESS: Available through Interlibrary loan

NOTE: Electronic Communications and the Law: Help or Hindrance to Telecommuting? PUB. DATE: 1998 SOURCE: Anonymous. Federal Communications Law Journal, 05/01. ABSTRACT: Unavailable. DATABASE: LexisNexis ACCESS: Available through Interlibrary loan

On The Increasing Presence of Remote Employees: An Analysis of The Internet's Impact On Employment Law As It Relates To Teleworkers PUB. DATE: 2001 SOURCE: Joan T. A. Gabel and Nancy Mansfield. University of Illinois Journal of Law, Technology & Policy, Vol. 2001, No. 2, p. 233. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

Opportunities In Using The Office-In-Home Deduction Of Code Sec. 280A (Tax Deductions For Home Offices, Telecommuting) PUB. DATE: 2002 SOURCE: Donald T. Williamson. Taxes: The Tax Magazine, Vol. 80, No. 1, p. 19. ABSTRACT: Tax Code rules applicable to home office and telecommuting tax deductions are outlined. Topics include the five business uses of a home, allocation of expenses to the business portion of a home, transportation expenses associated with a residence used in trade or business, and reporting requirements. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

Out of Sight, Out Of Mind, Into Court PUB. DATE: 2007 SOURCE: Daniel J. McCoy. National Law Journal, 01/08. ABSTRACT: Unavailable. DATABASE: InfoTrac ACCESS: Available through Interlibrary loan

Potholes For Teleworkers: Transportation Deduction Rules Present A Hazard For Flexible Work Arrangements PUB. DATE: 2004 SOURCE: William V. Vetter. Taxes: The Tax Magazine, Vol. 82, No. 12, p. 25.

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ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

Puget Sound Telecommuting Demonstration: Executive Summary PUB. DATE: 1992 SOURCE: Maureen Quaid and Brian Lagerberg., 46 pages. ABSTRACT: Unavailable. DATABASE: WorldCat ACCESS: Available through the VDOT Research Library, Call Number: HD 2336 .P83 Q826 1992

The Prospects For Telecommuting PUB. DATE: 1985 SOURCE: Herbert S. Dordick. Computer/Law Journal, Vol. 6, p. 333. DATABASE: Legal Periodicals Full Text ACCESS: Available through Interlibrary loan

Regulatory Rigamarole (From The Orange County Register)(Editorial) PUB. DATE: 2000 SOURCE: Anonymous. Los Angeles Daily Journal, 01/10, Section 113, Issue 6, p. 6. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

Review Of The State Employee Telecommuting Program : A Mandated Legislative Review Of Section 110.171, Florida Statutes PUB. DATE: 1997 SOURCE: Florida. Legislature. Joint Committee on Information Technology Resources. , 27 p. ; 28 cm.; Note(s): "December 1997."/ Includes bibliographical references (p. 20-21).; Responsibility: the Florida Legislature, Joint Legislative Information Technology Resource Committee. ABSTRACT: Unavailable. DATABASE: WorldCat ACCESS: Available through Interlibrary loan

Setting New Duties And Standards Of Care For Internet Telecommuters PUB. DATE: 1999 SOURCE: Mark Maier. , v, 56 leaves ; 28 cm.; Dissertation: Thesis (J.D.)--Suffolk University, 2000.; Note(s): Computer-produced typeface./ Includes bibliographical references (leaves 27-30)./ Reproduction: Microfiche./ [Buffalo, N.Y.] :/ Hein,/ [1996]. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

Signal Is Fuzzy In Telecommuter's Unemployment Case (New York) PUB. DATE: 2003 SOURCE: Eric Tischler. Trial, Vol. 39, No. 10, p. 73. ABSTRACT: Unavailable.

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DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

Sourcing Service Receipts PUB. DATE: 2007 SOURCE: Scott Salmon and Deborah Rood. The Tax Advisor, Vol. 38, No. 6, p. 347. ABSTRACT: The advent of telecommuting and the rise of electronic commerce have made the task of "sourcing" a taxpayer's receipts in individual states much more challenging. Indeed, tax advisers have found it particularly difficult to source the receipts of such service providers as systems consultants, architects, outsourcing agencies, and trainers. The methods used by certain states to source service income are discussed. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

State Bill Encourages 'Telecommuting.' (California) PUB. DATE: 1989 SOURCE: William Vogeler. Los Angeles Daily Journal, 07/14, Section 102, p. 7. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

Tax Based On Income From Sources Within New York PUB. DATE: 2005 SOURCE: Anonymous. Corporate Taxation, Vol. 32, No. 5, p. 45. ABSTRACT: Details are provided of a case, Huckaby v. N.Y.S. Division of Tax Appeals, in which the New York Court of Appeals upheld New York's authority to tax all the compensation of a telecommuter who during 1994 and 1995 spent approximately 25 percent of his workdays at the offices of his Jamaica, New York, employer and approximately 75 percent at his home office in Tennessee. DATABASE: Legal Periodicals Full Text ACCESS: Available through Interlibrary loan

Tax Problems Visit At-Home Employees.(Non-Resident Employees Working At Home May Have To Pay Extra Taxes)(New York) PUB. DATE: 2001 SOURCE: John Caher. New York Law Journal, Section 225, Issue 5, p. 1. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

Technology And Telecommuting: Is Home Just Another Extension? PUB. DATE: 1997 SOURCE: Wendy R. Leibowitz. The National Law Journal, 06/16, Sectionn 19, p. B11. ABSTRACT: Modern technology makes telecommuting easy but brings with it the problem of being too accessible. It is too easy to have excessive work hours when never out of reach. Even hard-working telecommuters do not have the immediate visibility that law firm employees who are seen in the office late at night or on weekends have, however. One expert recommends that telecommuters make their relationships with their offices project-specific rather than time-specific.

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Technology In The Workplace : Executive's Guide To Managing The New E-Workforce PUB. DATE: 2000 SOURCE: Alexander Hamilton Institute (U.S.). , v; ; 28 cm.; Other Titles: Executive's guide to managing the new e-workforce; Entry: 20000911; Update: 20070306. ABSTRACT: 1. Avoiding legal liability in the e-workforce -- 2. Ensuring electronic monitoring and privacy rights -- 3. Solving the practical problems that plague employers -- 4. Keeping your business safe from electronic dangers -- 5. "Hire" technology: making it work for you -- 6. Reaping the benefits of the e-workplace. DATABASE: WorldCat ACCESS: Available through Interlibrary loan

Telecommuter Must Pay N.Y. State Tax PUB. DATE: 2005 SOURCE: John Caher. The National Law Journal, 04/04… ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

'Telecommuters' and Deductible Local Transportation Expenses PUB. DATE: 2001 SOURCE: Steven C. Dilley and Janet Trewin. Tax Notes, Vol. 91, No. 4, p. 630. ABSTRACT: Issues related to tax deductions for transportation expenses for telecommuters are examined, focusing on key considerations for telecommuters and important sections of the Internal Revenue Code and IRS Revenue Rulings. Topics include IRC section 162(a) rules for deductions for necessary business expenses and section 262 prohibitions against deductions for personal living expenses; and the importance of defining principal place of business and whether assignments last for more than a year. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

Telecommuters and Their Virtual Existence In The Unemployment World. (Case Note) PUB. DATE: 2004 SOURCE: Beverly Reyes. Hofstra Law Review, Vol. 33, No. 2, p. 785. ABSTRACT: Discusses telecommuting with regard to the Family Medical Leave Act of 1993, as well as employee benefits and unemployment insurance. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

Telecommuting and Employment Law. (Minnesota) PUB. DATE: 1995 SOURCE: Charles F. Knapp and James M. Samples. The Hennepin Lawyer, Vol. 64, p. 18. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

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Telecommuting and Labour Law PUB. DATE: 1993 SOURCE: Darlene Iris MacDonald. , vi, 58 leaves ; 28 cm.; Dissertation: Thesis (M.S.)--University of Colorado, 1993.; Note(s): Includes bibliographical references (leaves [54]-58). DATABASE: WorldCat ACCESS: Available through Interlibrary loan

Telecommuting and The Americans With Disabilities Act: A Tree In The Cyberian Forest PUB. DATE: 1998 SOURCE: Mike Tonsing. The Federal Lawyer, Vol. 45, p. 20. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

Telecommuting and The Americans With Disabilities Act: Is Working At Home A Reasonable Accommodation? PUB. DATE: 1997 SOURCE: Ludgate, Kristen M.,student author. Minnesota Law Review, May 1997, Vol. 81, p. 1,309. ABSTRACT: Unavailable. DATABASE: Legal Periodicals Full Text ACCESS: Available through Interlibrary loan

Telecommuting and Virtual Offices : Issues And Opportunities PUB. DATE: 2001 SOURCE: Nancy J. Johnson. , iii; ill. ; 25 cm.; Note(s): Includes bibliographical references and index.. ABSTRACT: Telecommuting and the legal aspects / Ian T. Smith, Yehuda Baruch -- Teleworking in Ireland : issues and perspectives / Frédéric Adam, Gregory Crossan -- TelewerkForum stimulates telework in the Netherlands / Kitty de Bruin -- Public communications infrastructure support for telecommuting / Joseph R. Bumblis -- Success in the international virtual office / Kirk St. Amant -- Organizational compatibility as a predictor of telecommuting / Susan J. Harrington, Cynthia P. Ruppel -- Telecommuter selection : a systems perspective / Janet A. Henquinet -- Managing the virtual team : critical skills and knowledge for successful performance / Richard G. Platt, Diana Page -- Case study of the St. Paul companies' virtual office for the risk control division / Nancy Johnson -- The impacts of telecommuting on organizations and individuals : a review of the literature / Alain Pinsonneault, Martin Boisvert -- Making remote workers effective / D. Sandy Staples -- Safety and health in the virtual office / Jay T. Rodstein, Katherine S. Watters -- Telecommuting experiences and outcomes : myths and realities / Donna Weaver McCloskey. DATABASE: WorldCat ACCESS: Available through Interlibrary loan

Telecommuting Employees and The Amended Home Office Deduction Rules PUB. DATE: 2000 SOURCE: Marina L. Ferrone. The Tax Advisor, Vol. 31, No. 2, p. 83.

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ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

Telecommuting Flexibility (From The San Francisco Chronicle)(Editorial) PUB. DATE: 2000 SOURCE: Anonymous. Los Angeles Daily Journal, 01/10, Section 113, Issue 6, p. 6. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

Telecommuting In the 21st Century PUB. DATE: 1997 SOURCE: Constant G. Marquer III. , Louisiana Bar Journal, Vol. 44, p. 425. ABSTRACT: Unavailable. DATABASE: Legal Periodicals Full Text ACCESS: Available through Interlibrary loan

Telecommuting Is Getting Expensive; N.Y. Professor Who Works From Conn. May Be Taxed Twice, State Court Says PUB. DATE: 2000 SOURCE: John Caher. The National Law Journal, Vol. 23, No. 14, p. B4. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

Telecommuting Pluses & Pitfalls PUB. DATE: 1999 SOURCE: Brenda B. Thompson. , vi; ; 28 cm.; Note(s): Includes bibliographical references (p. 43-45).; Other Titles: Telecommuting pluses and pitfalls; Responsibility: Brenda B. Thompson. ABSTACT: Unavailable. DATABASE: WorldCat ACCESS: Available through Interlibrary loan

Telecommuting Tax Issues PUB. DATE: 2001 SOURCE: Nichole Belson Goluboff. The Practical Tax Lawyer, Vol. 15, No. 3, p. 5. ABSTRACT: Unavailable. DATABASE: InfoTrac ACCESS: Available through Interlibrary loan

Telecommuting To a N.Y. Office Can Be Doubly Taxing PUB. DATE: 2005 SOURCE: Rebecca Porter. Trial, Vol. 41, No. 6, p. 81. ABSTRACT: Unavailable. DATABASE: Legal Periodicals Full Text ACCESS: Available through Interlibrary loan

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Telecommuting: A Reasonable Accommodation under the Americans with Disabilities Act as Technology Advances PUB. DATE: 2006 SOURCE: Sullenger, Brianne M.,student author. Regent University Law Review, Vol. 19, No. 2, p. 537. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

Telecommuting: Justice and Control in the Virtual Organization PUB. DATE: 1999 SOURCE: Nancy B. Kurland and Terri D. Egan. Organizational Science, Vol. 10, No. 4, p. 500. ABSTRACT: The adoption of telecommuting raises concerns for both managers and employees: Remote supervision presents monitoring challenges, while physical isolation may impede the employee's opportunity for, and involvement in, determining valued organizational outcomes (organizational justice). This study of 191 employees examined the relationships among telecommuting, organizational monitoring strategies, and organizational justice perceptions. Results suggest that monitoring strategies were more strongly associated with organizational justice perceptions than with telecommuting, and procedural and interactional justice perceptions related significantly to telecommuting. We provide implications, limitations, and ideas for future research. DATABASE: J-STOR ACCESS: Available through Interlibrary loan

Telexploitation PUB. DATE: 1993 SOURCE: J. H. Foegen. Labor Law Journal, Vol. 44, p. 318. ABSTRACT: People working at home with computers and supporting equipment, who may account for an estimated one-third of the labor force by the end of the decade, could end up being exploited. Most telecommuters seem to consider the arrangement to be basically attractive. As the technology spreads, however, and as the supply of workers increases, there is the chance that telecommuters' wages might be depressed. Many pros and cons to the situation can be seen. Before the practice becomes more institutionalized, proactive thinking is needed to determine more fully where telecommuting is headed. The pros and cons of telecommuting are discussed. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

The "Convenience of the Employer" Rule and the Telecommuter Tax Fairness Act PUB. DATE: 2005 SOURCE: Nicole Belson Goluboff. The Practical Tax Lawyer, Vol. 20, No. 1, p. 55. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary Loan

Traps For The Unwary: Employment Law Implications Of Telecommuting PUB. DATE: 1997 SOURCE: Deborah A. Sudbury and Douglas M. Towns. Employee Relations Law Journal,

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Vol. 23, p. 5. ABSTRACT: Technology has obviously changed how employees perform their jobs and allowed employees to become more efficient. In the future, technology will also change where employees can perform their jobs. Recent technological advances in computers and communications have allowed a growing number of employees to perform their jobs from their homes or from other nontraditional work locations. In fact, over the past several years, employers have already seen a dramatic increase in the number of these "telecommuting" employees. However, many employers do not realize the employment law risks associated with telecommuting. Fortunately, with some advanced planning, employers can easily avoid many of the legal traps associated with telecommuting. Reprinted by permission of the publisher. DATABASE: Legal Periodicals Full Text ACCESS: Available through Interlibrary Loan

The Ubiquitous PC; Courts And Commentators Alike Recognize That Technology Is Changing Society PUB. DATE: 1997 SOURCE: Stuart Biegel. Los Angeles Daily Journal, 06/26, Section 110, p. 7. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary Loan

Unclogging Virginia's Roads: Aligning Commuter Incentives In Northern Virginia SOURCE: L. B. Nelson. Transportation Law Journal, Vol. 28, No. 1. ABSTRACT: This paper addresses the problem of traffic congestion in Northern Virginia. The paper analyzes the current state of traffic in Northern Virginia. It then examines several factors that have led to this traffic entanglement. It analyzes the costs incurred as a result of the region's clogged roads. The paper addresses solutions to the problem. It first notes that the General Assembly's current transportation package does not meet the needs funding needs proposed by a regional transportation commission. The author suggests that congestion pricing may be a possible solution to the problem as well as proposing several other initiatives that, when combined, could significantly reduce the traffic problem. It is important to note that there is no one answer, neither roads nor rails nor telecommuting initiatives alone will solve the problem. DATABASE: TRIS Online ACCESS: Available through Interlibrary Loan

Upholding The Current Tax Treatment Of Telecommuteers, The Court Of Appeals Demonstrates The Need For Legislative Action.(New York)(Case Note) PUB. DATE: 2006 SOURCE: Meredith A. Bentley. St. John’s Law Review, Vol. 80, No. 3, p. 1,147. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary Loan

Where Is Everybody? Your People May Work From Anywhere with Remote Access, But It Requires Thoughtful Implementation And Training PUB. DATE: 2002 SOURCE: Pat Meier Johnson. Legal Management, Vol. 21, No. 2, p. 86.

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ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary Loan

Workplace Safety and The Telecommuter PUB. DATE: 2002 SOURCE: Nicole Belson Goluboff. Trial, Vol. 38, No. 6, p. 36. ABSTRACT: Unavailable. DATABASE: Legal Periodicals Full Text ACCESS: Available through Interlibrary Loan

INTERNATIONAL PERSPECTIVES There is a significant body of literature that deals with telecommuting law and practice in other countries. While specific laws and other details from other countries may be quite different, there are possibly some very good points in these articles. These citations were retained, but grouped in this category for the convenience of the researcher.

At Home On Business: A Closer Look At Teleworking (United Kingdom) PUB. DATE: 1993 SOURCE: Anonymous , IRS Employment Trends, 11/15, p 3. ABSTRACT: A survey conducted by the UK's Employment Dept found that 11% of companies polled employed workers who spent over half of their work week at home. Six percent of these at-home workers were found to be teleworkers, people who used computers and telecommunications technology while working at home. Most companies surveyed correctly surmised that data entry and other computer-related occupations were most conducive to teleworking. Most teleworkers said working at home produced no added difficulties. DATABASE: LegalTrac ACCESS: Available through Interlibrary Loan.

"Employee" Or "Independent Contractor" : Status Of An Electronic Homeworker (American And German Views) PUB. DATE: 1985 SOURCE: Udo Bernd Hartmann. , 69 leaves, bound ; 29 cm.; Dissertation: Thesis (LL. M.)--University of Illinois at Urbana-Champaign, 1985.; Note(s): Typescript./ Includes bibliographical references (leaves 66-69).; Responsibility: by Udo Bernd Hartmann. ABSTRACT: Unavailable. DATABASE: WorldCat ACCESS: Available through Interlibrary Loan.

A Comparative Study of the Impact of Electronic Technology on Workplace Disputes PUB. DATE: 2002 SOURCE: Jean-Emmanuel Ray and Jacques Rojot. Comparative Labor Law & Policy Journal, Vol. 24, No. 1, p117. Includes bibliographic footnotes. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary Loan

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A Comparative Study of the Impact of Electronic Technology on Workplace Disputes: National Report on Germany PUB. DATE: 2002 SOURCE: Armin Hoeland. , Comparative Labor Law & Policy Journal, Vol. 24, No. 1, p147: Bibliographic footnotes. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary Loan

A Comparative Study Of The Impact Of Electronic Technology On Workplace Disputes: National Report On Italy.(A Comparative Study Of The Impact Of Electronic Technology On Workplace Disputes) PUB. DATE: 2002 SOURCE: Marco Biagi and Tiziano Treu. , Comparative Labor Law & Policy Journal, Vol. 24, No. 1, p177 ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary Loan

Computerization and Employment Rights (Great Britain) PUB. DATE: 1992 SOURCE: Brian W. Napier. Industrial Law Journal, Vol. 21, p. 1 ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary Loan

Directions Of Telework In Finland : Report By The Finnish Experience With Telework Project PUB. DATE: 1996 SOURCE: Luukinen, Ari. Pekkola, Juhani. Heikilä,Alsko.Zamindar, Marya. , ill., charts ; 30 cm.; Note(s): Includes bibliographical references (p. 57-[62])./ Funding: TELDET - projektin T1016; Other Titles: Työhallinnon julkaisu.; Responsibility: Ari Luukinen, editor, Juhani Pekkola, Asko Heikkilä and Marya Zamidar.; Language: English; Introduction in Finnish. ABSTRACT: Unavailable. DATABASE: WorldCat ACCESS: Available through Interlibrary loan

Electronic Technology and Work: A Swedish Perspective PUB. DATE: 2002 SOURCE: Reinhold Fahlbeck. Comparative Labor Law & Policy Journal, Vol. 24, No. 1, p. 257. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

Electronic Technology and Workplace Issues: The New Zealand Situation (A Comparative Study Of The Impact Of Electronic Technology On Workplace Disputes)

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PUB. DATE: 2002 SOURCE: John M. Howells. Comparative Labor Law & Policy Journal, Vol. 24, No. 1, p. 225. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

Flexible Working Policies Abound In Local Government (United Kingdom) PUB. DATE: 1995 SOURCE: Anonymous. IRS Employment Trends, 06/01, p.2 ABSTRACT: A survey of local government offices in the United Kingdom reveals that many expect to adopt more flexible working conditions for their employees in the coming years. Nearly 85% of those surveyed currently offer flexible working hours, and 62% have job-sharing policies. Over 20% offer career break opportunities. Eighteen percent offer annual hours arrangements, with another 16% expecting to adopt the practice. Working from home is an option in 7% of the offices, with another 14% expecting to adopt formal home-work schemes in the future. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

The Hazards Of Homework (Telecommuting And Working From Home In The United Kingdom) PUB. DATE: 1997 SOURCE: Lucinda Ponting. Health and Safety Bulletin, 07/01, p. 8. ABSTRACT: UK employees who work at home face the same types of health issues affecting other employees. A survey of homeworkers indicates a variety of physical problems, as well as isolation and job stress, affects these employees. Also, monitoring work hazards and communicating safety information can be difficult with remote employees. Employer duties, union concerns, and related issues are also discussed. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

The Impact Of Electronic Technology On Workplace Disputes In Australia (A Comparative Study Of The Impact Of Electronic Technology On Workplace Disputes) PUB. DATE: 2002 SOURCE: Ronald McCallum and Andrew Stewart. Comparative Labor Law & Policy Journal, Vol. 24, No. 1, p. 19. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

The Impact Of Electronic Technology On Workplace Disputes In Japan (A Comparative Study Of The Impact Of Electronic Technology On Workplace Disputes) PUB. DATE: 2002 SOURCE: Hideyuki Morito. , TY: MAGZ; RP: Not in File. ABSTRACT: Unavailable.

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DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

Impact Of Electronics On Labor Law In Finland (A Comparative Study Of The Impact Of Electronic Technology On Workplace Disputes) PUB. DATE: 2002 SOURCE: Antti Suviranta. Comparative Labor Law & Policy Journal, Vol. 24, No. 1, p. 93. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

The IRS Handbook Of Flexible Working : Law And Practice (UK) PUB. DATE: 2001 SOURCE: Louis Wustemann. , xiii; ill. ; 23 cm.; Note(s): Includes bibliographical references and index.; Responsibility: edited by Louis Wustemann. ABSTRACT: Unavailable. DATABASE: WorldCat ACCESS: Available through Interlibrary loan

The Legal and Contractual Situation Of Teleworkers In The European Union : The Law Aspects Including Self-Employed : Consolidated Report PUB. DATE: 1997 SOURCE: R. Blanpain and European Foundation for the Improvement of Living and Working Conditions. , 52 p.; Note(s): Includes bibliographical references. ABSTRACT: Unavailable. DATABASE: WorldCat ACCESS: Available through Interlibrary loan

Legal Issues Of Telecommuting Across National Borders A Case Study Of The Laws Of The Federal Republic Of Germany As A Member Of The European Community PUB. DATE: 1997 SOURCE: Marcus Collardin. 100 leaves ; 28 cm.; Dissertation: Thesis (LL. M.)--University of California, Berkeley, 1994.; Note(s): Computer-produced typeface./ Includes bibliographical references (leaves ix-xiv)/ Reproduction: Microfiche./ [Buffalo, N.Y.] :/ William S. Hein,/ [1997]. ABSTRACT: Unavailable. DATABASE: WorldCat ACCESS: Available through Interlibrary loan

New Technologies and Labor Relations In Spain: Some General Issues (A Comparative Study Of The Impact Of Electronic Technology On Workplace Disputes) PUB. DATE: 2002 SOURCE: Guanter, Salvador del Rey. Comparative Labor Law & Policy Journal, Vol. 24, No. 1, p. 243. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

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Overview and U.S. Perspective (A Comparative Study of the Impact of Electronic Technology on Workplace Disputes) PUB. DATE: 2002 SOURCE: Alvin L. Goldman. Comparative Labor Law & Policy Journal, Vol. 24, No. 1, p. 1. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

Rethinking Place of Work: Federal Labour Law Framework for Contemporary Home-Based Work and its Prospects in Australia PUB. DATE: 2005 SOURCE: Marilyn J. Pittard. Law in Context, Vol. 23, No. 1 (part special issue), p. 148. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

The Social Security Position Of Teleworkers In The European Union : Consolidated Report PUB. DATE: 1997 SOURCE: F. Pennings and European Foundation for the Improvement of Living and Working Conditions. , 59 p.; Note(s): Includes bibliographical references (p. 58-59).; Responsibility: by Frans Pennings. ABSTRACT: Unavailable. DATABASE: WorldCat ACCESS: Available through Interlibrary loan

Some Belgian And European Aspects (A Comparative Study Of The Impact Of Electronic Technology On Workplace Disputes) PUB. DATE: 2002 SOURCE: Roger Blanpain. Comparative Labor Law & Policy Journal, Vol. 24, No. 1, p. 47. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

Some Legal Aspects Of Teleworking (United Kingdom) PUB. DATE: 1993 SOURCE: Rachel Burnett and Neil Maidment. Computer Law & Practice, Vol. 9, p. 93. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

Study Shows Teleworking Advantages And Disadvantages (Great Britain) PUB. DATE: 1990 SOURCE: Anonymous. IRS Employment Trends, 02/20, p. 2. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

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Telework In The Netherlands : Labour Law, Social Security Law And Occupational Health And Safety Aspects PUB. DATE: 1996 SOURCE: F. Pennings. , iv; ; 22 cm.; Note(s): Includes bibliographical references (p. 107-108).; Responsibility: F.J.L. Pennings, ... [et al.]. ABSTRACT: Unavailable. DATABASE: WorldCat ACCESS: Available through Interlibrary loan

Telework: Towards The Elusive Office PUB. DATE: 1990 SOURCE: Huws, U Korte,W.B.Robinson, S. , Published by John Wiley & Sons, ISBN: 0471922846. ABSTRACT: By examining and interpreting the results of three major European surveys, this book moves away from the journalistic approach of earlier work and demonstrates a thorough understanding of the present reality of telework and its likely future. In addition it draws on a wealth of empirical evidence to present a critical, objective and rigorous analysis of the economic, social and legal faces of telework from the perspectives of the individual worker and the policy analyst as well as the organizational manager. Discusses economics, law and human aspects related to telework. DATABASE: TRIS Online ACCESS: Unknown

Teleworkers Can Be Trusted (United Kingdom) PUB. DATE: 1998 SOURCE: Anonymous. IRS Employment Trends, 11/01, Issue 667, p. 2. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

Teleworking - Limits And Possibilities (United Kingdom). PUB. DATE: 1996 SOURCE: Anonymous. IRS Employment Trends, 08/01, p. 6. ABSTRACT: UK employers could benefit from increased use of teleworkers. According to two 1996 studies, telecommuting can provide flexibility and lower costs. Workers should be self-disciplined and experienced, while managers should set clear procedures and goals for their teleworkers. This type of arrangement requires an employment relationship built on trust in order to succeed. Freelance, part-time, and multi-locational teleworkers are among the groups studied in these reports. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

Teleworking (United Kingdom) PUB. DATE: 1996 SOURCE: Jason Lewis and Colin S. Peck. Business Law Review (UK), Vol. 17, p. 104. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

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Teleworking: Where Reality And Urban Myth Collide (United Kingdom) PUB. DATE: 2006 SOURCE: Mark Crail. IRS Employment Review, 12/01, Issue 860, p. 8. ABSTRACT: Unavailable. DATABASE: LegalTrac ACCESS: Available through Interlibrary loan

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