Minnesota Homeworkers/ Telecommuting laws & HR compliance analysis

Minnesota Homeworkers/ Telecommuting: What you need to know

Private employers. The state government supports telework programs to reduce traffic, conserve energy, and increase flexibility to enhance employees' work/life issues. The state-sponsored eWorkPlace program in the Minneapolis/St. Paul metro area has comprehensive information for employers to support telework programs at www.eworkplace-mn.com.
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State employees. The state government, under the supervision of the Department of Management and Budget, allows employees to commute from their homes or from telework centers. Each agency determines the scheduling and technical processes.
Minnesota administrative regulations set out criteria for determining whether industrial homeworkers are employees or independent contractors for workers' compensation purposes (MN Admin. Rules Sec. 5224.0100). Employees, as opposed to independent contractors, must be covered by the employer's workers' compensation insurance. The regulation covers individuals who do the following:
• Work in their own homes or workshops on the manufacture or assembly of articles from materials supplied by the purchaser of their services.
• Provide services such as typing of envelopes and the manufacture, alteration, or finishing of gloves, slippers, bedspreads, slipcovers, pottery, boxes, toys, or similar items.
Homeworkers can be classified as either independent contractors or employees, depending on whether various criteria are met. The criteria for meeting employee status include, but are not limited to:
• Being subjected to virtually the same set of controls as employees who work on the employer's premises.
• Being paid on an hourly basis and rendering personal services of a recurring nature.
• Although there is no direct supervision, the ...

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