New York Homeworkers/ Telecommuting laws & HR compliance analysis

New York Homeworkers/ Telecommuting: What you need to know

Private employers. The New York Department of Transportation encourages employers to allow employees to telecommute at least a few days per week to reduce traffic congestion. The state Department of Homeland Security and Emergency Services and the City of New York encourage employers to address telecommuting in their emergency planning as a way for employees to avoid coming into the workplace.
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State employees. The New York State Department of Civil Service allows telecommuting for certain positions. Both the employee and manager must sign a Memorandum of Agreement outlining the details of the telecommuting arrangement.
Homeworkers are presumed to be employees, not independent contractors. As employees, they will be entitled to minimum wage, overtime, unemployment insurance, etc.
New York law regulates, the use of homeworkers by employers in certain circumstances (NY Rules and Regulations Tit. 12 Sec. 160et seq.).
"Industrial homework" is defined as manufacturing in whole or part in a home with material furnished by an employer, of articles that will be returned to the employer or delivered or shipped to others.A “home” is defined as a room or an apartment in a house in which one or more persons regularly sleep and includes outbuildings on the premises of a house.
Homework is prohibited in all industries unless expressly permitted in writing by the commissioner of labor. An individual may not do industrial homework except in a home in which he or she resides. Children may not be employed in industrial homework.
The maximum amount of work that may be given to a homeworker cannot exceed the average amount produced by employees working on similar operations in the employer’s industrial ...

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