Telecommuting AgreementTelecommuting Agreement

[Employer name] (the Company) has developed the Company's Telecommuting Program (Telecommuting Program) to mutually benefit full-time (and part-time) regular hire employees ("Employees") and the Company. Telecommuting (teleworking) is a flexible work arrangement that allows Employees to perform their job responsibilities remotely rather than at a regular Company office site. Telecommuting utilizes advanced computer technology, telephone systems, voicemail, and facsimiles to connect Employees with the rest of the organization while at an off-site location.

Telecommuting meets the needs of both the Employees and the Company. There are certain parameters and organizational constraints, however, which must be taken into consideration when implementing telecommuting.

Implementation of the Company's Telecommuting Program is left to the sole discretion of the Company and should not be considered a right or benefit.

Nothing in this Agreement guarantees [Employee name] (Employee) a telecommuting arrangement for any specific duration and the Company can modify this Agreement at any time or by mutual agreement between the Company and Employee. If the Company places Employee on probation or Employee is subject to corrective or disciplinary action, Employee may become ineligible to continue participating in the Telecommuting Program.

If at any time the Company does not wish to continue a telecommuting arrangement for whatever reason, the Company may terminate this Agreement. In particular, the Company may choose to terminate this Agreement when relevant state and local governments issue orders allowing businesses to reopen their offices following COVID-19 closure orders. The Company will make all such decisions on a case-by-case basis and will take into account the personal circumstances of each employee.

This Agreement does not constitute, and may not be construed as, a commitment by the Company to employ Employee for any specific duration, and Employee's employment with the Company will remain at will. Employee understands, acknowledges and agrees that this Agreement (1) is not an employment agreement for a fixed term between the Company and Employee and (2) does not provide any contractual rights to continued employment by the Company, either during or after the arrangement described herein. Employee acknowledges and agrees that the sole purpose of this Agreement is to regulate employee's telecommuting arrangement with the Company.

• (a) 

  Other than those duties, obligations, and conditions described in this Agreement, Employee's work status, job duties, and job description will remain consistent as if Employee's job duties had been performed on-site at the Company's office[s]. The Company may require Employee to perform additional duties related to Employee's telecommuter status, including but not limited to periodic written reports to Employee's supervisor regarding work progress and periodic trips to the Company for department meetings and equipment repair.

• Optional Clause

  Optional Section 2.(b):

  (b) 

  Employee agrees that to maintain Employee's telecommuter status, Employee will need to meet the minimum telecommuting productivity standards. The Company will measure productivity based on standards set by Employee's manager. Failure to consistently meet these standards will result in Employee losing eligibility for the Telecommuting Program. The Company reserves the right to modify productivity requirements for Employee's continued eligibility.

  Drafting Note

  Drafting Note to Optional Section 2.(b)

  Optional Section 2.(b) serves to set expectations regarding productivity and may help avoid future disputes between the Company and the Employee regarding the Employee's performance. You can revise Section 2.(b) to reference whatever measure/standard of productivity you deem appropriate. For guidance on telecommuting agreements (also known as teleworking, telework, work from home, or remote work agreements), the essential components of effective telecommuting agreements, and practical drafting suggestions and tips, see Telecommuting Agreements: Key Drafting Considerations.

• (a) Work hours. 

  Employee agrees to abide by the telecommuting work schedule established by Employee's manager for the duration of the telecommuting arrangement. Adjustments to the expected work schedule must be approved by the manager in advance. It is understood that the Company may require Employee to work certain set hours. Employee understands that management reserves the right to alter Employee's established work schedule to meet the Company's business needs. Employee must be available by phone, email, and Microsoft Teams/Zoom/or other internet communication platform from [time range (e.g., 8 a.m. to 6 p.m.)], Monday through Friday). Employee will receive meal and rest breaks in accordance with federal and state law, and as outlined in Company's [name of applicable policy/handbook].

  Drafting Note

  Drafting Note to Section 3.(a)

  If the Company's workers are unionized, you may want to reference adherence to applicable collective bargaining agreement provisions regarding work time, meal periods, and rest periods. You should draft the reference to the Employee's work hours to reflect the Company's regular business hours. Use Alternate Section 3.(a) if the employer will need teleworkers to regularly attend in-person meetings.

  For a policy on best practices for conducting video calls (such as Zoom or Microsoft Teams), see Video Teleconferencing Policy (with Acknowledgment).

  Alternate Clause

  Alternate Section 3.(a):

  (a) Work hours. 

  Employee agrees to abide by the telecommuting work schedule established by Employee's manager for the duration of the telecommuting arrangement. Adjustments to the expected work schedule must be approved by the manager in advance. It is understood that the Company may require Employee to work certain set hours. Employee understands that management reserves the right to alter Employee's established work schedule to meet the Company's business needs. Employee must be available by phone, email, and Microsoft Teams/Zoom/or other internet communication platform from [time range (e.g., 8 a.m. to 6 p.m.)], Monday through Friday). Employee will receive meal and rest breaks in accordance with federal and state law, and as outlined in Company's [name of applicable policy/handbook]. Employee agrees to attend on-site mandatory section/department meetings, in-services, etc. with proper notice. If this is not feasible due to distance of remote location, Employee may be permitted to participate in these meetings remotely depending on the nature of the meeting and with prior approval from the Employee's supervisor. Employee's supervisor, in their sole discretion, shall decide whether the Employee may participate in meetings remotely or whether they need to attend on-site.

  Drafting Note

  Drafting Note to Alternate Section 3.(a)

  If you anticipate needing teleworkers to regularly attend in-person meetings, you should use Alternate Section 3.(a). Note that any commuting time by teleworkers (e.g., to work in person for a meeting or otherwise) is likely not normal travel from home to work and thus the Company should compensate teleworkers for such time.

  For a policy on best practices for conducting video calls (such as Zoom or Microsoft Teams), see Video Teleconferencing Policy (with Acknowledgment).

• (b) Timekeeping. 

  Employee will adhere to all Company policies regarding timekeeping procedures, including recording of all work hours contemporaneously and using the Company's prescribed timekeeping software.

  Drafting Note

  Drafting Note to Section 3.(b)

  For more information on best timekeeping practices, including how COVID-19 has affected timekeeping practices, see Timekeeping Policies and Practices under the FLSA.

• (c) Overtime. 

  Employee's manager must approve all overtime in advance. Working overtime without such approval may result in disciplinary action and possible termination of this Agreement.

  Drafting Note

  Drafting Note to Section 3.(c)

  You can remove this subsection on overtime for employees that are exempt from overtime under federal and state law.

• Optional Clause

  Optional Section 3.(d):

  (d) 

  In times of crisis (weather, equipment failure, department staffing problems, community disaster, etc.), Employee may be required to report to the Company, or another location that the Company designates. If the Employee is unable to do so due to the distance of their remote location or otherwise, Employee will be permitted to use available personal time off/vacation time.

  Drafting Note

  Drafting Note to Optional Section 3.(d)

  Certain circumstances may require the remote Employee to report to the office or travel to another location. This paragraph addresses such a case.

  Optional Section 3.(d):

  (d) 

  In the event of early dismissals or office closing resulting from inclement weather closings or other emergency closings at a specific Company office, Employee must continue to work Employee's normal hours based on the need of the business, unless the reason for the early dismissal or office closure interferes with the Employee's ability to work (e.g., loss of the Company's computer network).

  Drafting Note

  Drafting Note to Optional Section 3.(d)

  This paragraph makes clear that the Employee must continue to work Employee's regular hours while the Company's office is closed because of exceptional circumstances, which conditions would presumably not impact the Employee's remote office. Of course, certain situations, such as loss of the Company's computer network, may also impact the Employee's ability to work remotely.

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• (a) Designated work area. 

  Employee is required to establish one (but not more than one) separate, designated work area at Employee's remote office work location before beginning the telecommuting arrangement and to maintain such area for as long as the telecommuting arrangement remains in effect. The telecommuting work environment must include an area that is quiet and free of distractions or other impediments to productivity, work quality, and confidentiality. Specifically, Employee must ensure that no one can view Employee's work by looking over Employee's shoulder or by viewing the computer screen when Employee leaves the work area. Employee must also lock Employee's workstation when not in use. Employee must have and maintain a working phone line or cell phone to ensure accessibility during working hours even when working online. Employee may work only in this designated work area. Employee must follow all instructions of the IT Services Department, including instructions on connecting to the Company's online systems.

• (b) Maintenance of work area. 

  Employee agrees to maintain a safe and healthful working environment in the home. By signing this Agreement, Employee certifies that employee has set up and will maintain Employee's home work area in accordance with the following safety standards:

  • • The work area is separate from major family activity areas.

  • • The work area is free of background or distracting noise during work hours.

  • • The work area and Company property are secure.

  • • The work area and equipment is ergonomically appropriate.

  • • There are safe exit paths from the work area.

  • • There is a functional smoke detector for that area of the home.

  • • There is a fire extinguisher accessible from the work area.

  • • There are adequate first aid supplies available near the work area.

  • • The extension and power cords in the work area are in safe condition and pose no tripping hazard.

  • • The electrical outlets in the work area are not overloaded.

  • • The air quality and ventilation in the work area is adequate.

  • • The work area is reasonably uncluttered so that it does not pose undue hazards.

  • If circumstances create or present a dangerous condition to Employee, Employee agrees to immediately discontinue work in that environment, move to a safe location, and contact local authorities if necessary. Once it is safe, Employee should contact Employee's supervisor to advise the Company of the conditions.

• (c) Access to work site. 

  The Company may inspect the at-home worksite to ensure the condition of its property, to service and maintain the property, and to ensure work site safety. The Company agrees to provide Employee with 24 hours' notice prior to such site visit unless emergency circumstances warrant immediate inspection.

• (d) Reporting accidents. 

  Employee understands that Employee is covered by the applicable workers' compensation policy for job-related injuries that occur in the course of and within the scope of the telecommuting arrangement. Employee must report any work-related injuries to Employee's manager as soon as possible, but in no case more than 12 hours after such injury. Employee agrees that the Company and its agents have the right to visit Employee's remote office to investigate the injury. Employee must be working within the course and scope of employment at the time of the accident for it to be potentially considered a work-related injury.

  Drafting Note

  Drafting Note to Section 4.(d)

  Employers may be required (due to size or industry classification) to record any work-related injuries and illnesses experienced by telecommuting employees. In the context of teleworkers, an injury is "work-related" "if the injury or illness occurs while the employee is performing work for pay or compensation in the home, and the injury or illness is directly related to the performance of work rather than to the general home environment or setting." U.S. Department of Labor, OSHA Standard Interpretations, "Determining work-relatedness for injuries in the home when telecommuting" (Mar. 30, 2009). For guidance on telecommuting agreements (also known as teleworking and remote working agreements), the essential components of effective telecommuting agreements, and practical drafting suggestions and tips, see Telecommuting Agreements: Key Drafting Considerations.

• Optional Clause

  Optional Section 4.(e):

  (e) Employee Liability. 

  The Company is not liable for loss, destruction, or injury that may occur when the Employee is operating outside the course and scope of employment. Employee shall be wholly liable for injuries to other persons on Employee's premises, including losses and injuries to family members, visitors, or others who may become injured within or around Employee's remote office.

  Drafting Note

  Drafting Note to Optional Section 4.(e)

  You can choose to use this optional paragraph to help limit the Company's liability. The Company should also check with its insurance carrier to understand the scope of coverage, if any, for injuries sustained by, or caused by, its remote workers or otherwise occurring in or around the Employee's remote office.

  Optional Section 4.(e):

  (e) Indemnification. 

  Employee agrees to defend, indemnify, and hold harmless the Company, its affiliates, and their respective employees, agents and contractors, from and against any and all claims, demands or liability (including and related losses, costs, expenses and attorney's fees) resulting from or arising in connection with the injury or death of persons (except for work-related injuries to Employee occurring during the course and scope of Employee's employment) or damage to property caused directly or indirectly by the services provided hereunder by Employee or by Employee's willful misconduct or negligent acts or omissions in the performance of Employee's duties and obligations under this Agreement.

  Drafting Note

  Drafting Note to Optional Section 4.(e)

  You can choose to use this optional paragraph to help further limit the Company's liability. The Company should also check with its insurance carrier to understand the scope of coverage, if any, for injuries sustained by, or caused by, its remote workers or otherwise occurring in or around the Employee's remote office. For an annotated indemnification agreement, see Employee Release, Liability Waiver and Indemnification Agreement.

  1 of 2

Employee's compensation, eligibility for overtime compensation, and incentives will be the same as for an equivalent on-site employee.

To facilitate remote computer access and telecommuting by Employee, the Company will provide the Employee with the use of a company-owned computer, shredder, keyboard, monitor, telecommunication hardware, and office supplies which the Company will provide for the Employee's at home off-site work station subject to the following terms and conditions.

• (a) Ownership. 

  Employee agrees that any and all equipment and furniture that the Company provides is the sole and exclusive property of the Company. No right, title, or interest in the equipment may pass to Employee other than the right to maintain possession and use of the equipment during such time as Employee remains employed by the Company conditioned upon Employee's compliance with the terms and conditions of this statement. If requested by the Company, Employee may not remove plates or markings indicating Company ownership. Employee agrees that the equipment is and will remain the property of the Company regardless of its use or the manner of its attachment to realty. Employee agrees to take such action, at Employee's expense, as may be necessary to prevent any third party from acquiring any interest in the Company-provided equipment as a result of its attachment to realty and agrees to indemnify the Company against any losses resulting from such attachment.

• (b) Equipment location, installation, and use. 

  Employee agrees to operate Company-provided equipment in accordance with applicable manufacturer's specifications and instructions and to use the equipment for business purposes only. Employee may not move the equipment from the location noted as the designated off-site work location, without the express written consent of the Company. Employee agrees to be responsible for providing a suitable location, as set forth in any applicable manufacturer's manuals or instructions, for any Company-provided equipment. Employee may not install software or hardware on the Company's equipment without approval by Employee's manager. Employee is further prohibited from copying any software or data from Company-provided equipment to another medium, including CD, USB drive, external drive, or to the "cloud" (e.g., onedrive, dropbox, icloud), or otherwise violating any Company license to use software that is pre-installed on Company-provided equipment. Any abuse of Company-provided equipment will result in disciplinary action up to and including termination.

  Employee will be liable for any loss of or damage to the equipment (including but not limited to damage from pets, children, fire, etc.) other than normal wear and tear.

• (c) Maintenance of equipment. 

  The Company will be responsible for maintaining its equipment from normal wear and tear. Employee agrees that an employee or agent of the Company may visit Employee's remote office from time to time to perform such maintenance. Prior notice will be extended to the Employee, when possible. The Company may require Employee to bring equipment to the Company for maintenance/repairs. Employee agrees that Employee has no expectation of privacy for activities conducted during paid work time or on Company equipment and understands that the Company may monitor Employee's use of Company's equipment remotely.

  Drafting Note

  Drafting Note to Section 6.(c)

  For annotated employer computer and equipment use policies, see Computers, Mobile Phones, and Other Electronic Devices Policy and Vehicles, Equipment, and Supplies Policy. For an annotated communications systems and internet policy, see Communications Systems, Email, Networks, and Internet Policy.

• (d) Notification of equipment failure. 

  Employee shall notify the Company within [time period (e.g., one hour)] of any equipment malfunction or failure. In the event of such malfunction/failure, the Company may require Employee to immediately report to another work location or use available paid time off/vacation time if unable to work.

  Drafting Note

  Drafting Note to Section 6.(d)

  The Company can state the time to report an equipment malfunction/failure to whatever time period it deems reasonable to allow it to remedy the issue.

• (e) Technical support. 

  Technical support is available via [name of IT support service and contact information] and subject to the availability of IT resources. In the event that system capabilities/power/phone are inoperable and prevent Employee from performing Employee's job roles and responsibilities, Employee's manager must be contacted immediately to ensure continued productivity. Employee and Employee's manager will work with IT to obtain a resolution.

• (f) Return of equipment. 

  Employee shall return to the Company the equipment, supplies, and other property provided by the Company in the same condition as received (except for ordinary wear and tear) within [time period (e.g., three days)] of the Company's demand for those items. Upon termination of Employee's employment with the Company, Employee agrees to promptly deliver or ship to the Company all equipment, supplies, handbooks, reference material, computerized information, hardware, software, and other property. If it is necessary for the Company to resort to legal means to recover its property from Employee, Employee agrees to pay all legal costs and attorney's fees incurred by the Company to do so. Employee hereby authorizes the Company to deduct the cost of any damaged or unreturned equipment, supplies, or other items from Employee's compensation.

  Drafting Note

  Drafting Note to Section 6.(f)

  You can choose the time period for equipment return, though we recommend requiring return of the Company property within three days of the Company notifying the Employee of its demand for equipment return. Also see Departing Employees Checklist.

• Optional Clause

  Optional Section 6.(g):

  (g) 

  The Company is not liable or insured for any non-Company-provided equipment or furniture the Employee may use in connection with Employee's work.

  Drafting Note

  Drafting Note to Optional Section 6.(g)

  Use this paragraph to help further limit the Company's liability. The Company should also check with its insurance carrier to understand the scope of coverage, if any, in connection with equipment or furniture that the Employee used but the Company did not provide.

• (a) Confidential information. 

  Employee acknowledges that Employee may receive access to certain confidential and proprietary Company information, potentially including medical records, medical reports, medical data and information, trade secrets, financial information, and business plans and methods (Confidential Information). Employee understands that unauthorized disclosure of Confidential Information is prohibited under Company policy and, furthermore, that federal and state law prohibit the disclosure of certain types of Confidential Information. Employee acknowledges that all Confidential Information shall be and remain the sole property of the Company, including any and all forms thereof developed by Employee in the course of Employee's fulfillment of its obligations pursuant to this Agreement.

• (b) Security measures. 

  Employee agrees to take all reasonable measures necessary to secure and protect any and all Confidential Information at all times while in Employee's possession. Specifically, Employee agrees to the take the following measures:

  • • Employee will never leave Confidential Information on Employee's computer screen or openly accessible in Employee's workplace where it can be viewed by others.

  • • Employee will log off Employee's computer before leaving it.

  • • Employee will not leave Employee's password(s) on a post-it note or other paper near Employee's computer.

  • • Employee will promptly follow instructions for system updates and security patches.

  • • Employee will avoid printing Confidential Information unless the benefit substantially outweighs the risk.

  • • Employee will never leave Company-provided equipment unattended in a motor vehicle or on public transportation, notwithstanding that the transportation of the equipment to or from the Company may be authorized.

  • • Employee will not disclose or make available any Confidential Information to any third party.

  • • Employee will comply with all laws, rules, regulations and Company policies regarding confidentiality.

  • • Employee will immediately report to Employee's manager any known or potential unauthorized disclosure of Confidential Information.

  • • Employee will return all Confidential Information to the Company upon request and in any event upon termination of employment.

  • Violations of this policy may result in disciplinary action up to and including termination of employment.

• (a) Covered business expenses. 

  The Company will reimburse Employee for the monthly fee[s] for [High Speed Cable access internet charges, a telephone line for business use, increased usage of electricity, and similar resources]. Employee must promptly submit such expenses for reimbursement to the Company.

  Drafting Note

  Drafting Note to Section 8.(a)

  While there is no federal law requiring employers to reimburse telecommuters for expenses from working from home, employers need to ensure that failure to reimburse such expenses does not reduce a non-exempt employee's hourly rate below the minimum wage. See U.S. Department of Labor COVID-19 and the Fair Labor Standards Act Questions and Answers. In addition, an employer may be required to reimburse a teleworker for telecommuting expenses (e.g., devices, internet service, data usage, etc.) where a telecommuting arrangement is required as a reasonable accommodation under the Americans with Disabilities Act. See Telecommuting Employees: Best Practices Checklist and Americans with Disabilities Act: Guidance for Employers. Finally, the Employer may have to reimburse business expenses under state law. If the Employee works in a state that requires reimbursement of all necessary business expenses, consider using Alternate Section 8.(a).

  Alternate Clause

  Alternate Section 8.(a):

  (a) Covered business expenses. 

  The Company will reimburse Employee for all necessary expenditures and out of pocket costs incurred in connection with Employee's telework. Employee must obtain prior approval by Employee's manager before incurring business expenses so that the Company can determine whether the expense is reasonable and necessary for Employee to perform Employee's job duties remotely.

  Drafting Note

  Drafting Note to Alternate Section 8.(a)

  Certain states, such as California and Illinois, obligate employers to reimburse employees for all necessary expenditures, which, in the telecommuting context, will include some or the entire cost of data plans, devices, and internet service. If a teleworker lives in a jurisdiction requiring reimbursement of business expenses, the telecommuting agreement / work from home agreement should incorporate this Alternate Section 8.(a).

While telecommuting, Employee will continue to be subject to and eligible for paid time off, vacation, or other paid or unpaid leave in accordance with any applicable collective bargaining agreement, the Company's policies, or the law. Employee's telecommuter status will not alter Employee's obligations to request such leave in accordance with Company policies, including without limitation, any requirements of advance notice and medical certification requirements or verification of the need for leave.

Telecommuting is not to be considered a benefit or replacement for dependent care. Rather, it is a tool the Company can use to increase productivity and meet Employees' needs for a flexible work environment where appropriate. Absent extraordinary circumstances, Employee must arrange for alternate care for dependent(s) while Employee is teleworking.

The Employee is responsible for determining any income tax implications for maintaining a remote-work area. The Company will not provide tax guidance, nor will the Company assume any additional tax liabilities.

• (a) 

  The provisions of this Agreement shall be considered severable. The invalidity of any provision shall not render invalid or impair the binding nature and effect of any other paragraph or provision contained herein.

• (b) 

  This Agreement shall be construed and governed by the laws of [state].

  Drafting Note

  Drafting Note to Section 12.(b)

  You should include the choice of law clause governing the Employee's employment agreement or otherwise after consideration of potential conflict of law issues. For guidance on telecommuting agreements (also known as teleworking, telework, work from home, or remote work agreements), the essential components of effective telecommuting agreements, and practical drafting suggestions and tips, see Telecommuting Agreements: Key Drafting Considerations.

• (c) 

  Neither this Agreement nor any amendment hereto shall be valid unless signed by [name of individual or level of seniority.]

• (d) 

  This Agreement supersedes any previous written or oral agreement between Employee and the Company relating to the same subject matter.

• (e) 

  Employee shall continue to be bound by all policies of the Company, except to the extent such policy is explicitly contradicted by a provision of this Agreement.

• Optional Clause

  Optional Section 12.(f):

  (f) 

  All terms and conditions set forth in the applicable collective bargaining agreement shall remain in effect, except as specifically set forth in this Agreement. In the event any terms and conditions in this Agreement conflicts with any provision in the applicable collective bargaining agreement, this Agreement shall control.

  Drafting Note

  Drafting Note to Optional Section 12.(f)

  Use this clause if the Employer is unionized and the Employee is covered by a collective bargaining agreement.

• (f) 

  No delay or failure of either party to insist, in any one or more instances, upon performance of any of the terms or conditions of this Agreement or to exercise any rights or remedies hereunder shall of itself constitute a waiver of such rights or remedies, and the future performance of any term, covenant or condition, and the obligation of both parties with respect thereto shall continue in full force and effect.

• (g) 

  All disputes arising under or in connection with this Agreement shall be resolved in accordance with the grievance and arbitration procedures set forth in the [name of applicable policy/document/etc.].

BY SIGNING BELOW, EMPLOYEE ACKNOWLEDGES THAT EMPLOYEE HAS READ AND UNDERSTANDS THIS AGREEMENT AND VOLUNTARILY AGREES TO BE BOUND BY ITS TERMS.

This Agreement is entered into this [number day of the month] day of [month], [year], by and between [Company name] and [Employee name] (Employee).