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Telecommuting is gaining popularity among employees and employers. However, before agreeing to let an employee work remotely, employers should consider the pros and cons of such an arrangement. Telecommuting can give an employer competitive advantage in hiring and retaining good workers, but it can also cause potential liabilities. Although there are no direct federal laws that regulate telecommuting, employers should consider requirements of certain ancillary laws, such as the Americans with Disabilities Act of 1990 (ADA), the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), federal safety and income tax laws, as well as state laws.
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