Telecommuting Agreement
(NJ)

Summary

This template is a telecommuting agreement (also known as a teleworking, telework, work from home, or remote work agreement), a type of hybrid work or flexible work arrangement which New Jersey employers can use to establish expectations and requirements for remote workers and people working from home. This template includes practical guidance, drafting notes, alternate clauses, and optional clauses. This template is intended for private employers. Its language has been customized to comply with New Jersey law. As a result, the text of this template differs from the non-jurisdictional Telecommuting Agreement. It is important to note that, in some instances, it is the law of the state from which the employee is telecommuting that will govern the employee's employment relationship with the employer. For instance, which state's discrimination or retaliation law applies to a telecommuting employee is not necessarily determined by the state in which the employer is situated, but rather determined under New Jersey by conducting a choice-of-law analysis. See Calabotta v. Phibro Animal Health Corp., 460 N.J. Super. 38 (App. Div. 2019); Schulman v. Zeotis, Inc., 2023 Dist. LEXIS 121702 (D.N.J. July 14, 2023). For guidance on telecommuting agreements, the essential components of effective telecommuting agreements, and practical drafting suggestions and tips, see Telecommuting Agreements: Key Drafting Considerations. For detailed guidance on teleworking agreements, see Telecommuting Employees: Best Practices Checklist. For resources on drafting telecommuting policies, see Telecommuting Policies: Key Drafting Tips. For a template telecommuting policy, see Telecommuting Policy. For a template allowing employees to request working remotely and to help employers document their employees' requests, see Telecommuting Request Form.