Disciplining tenant's children is not part of the duties this man was asked to perform. He was retained to service the pool, supervise the grounds, and perform general maintenance and repair. Nevertheless, he was awarded workers' compensation benefits. However, as more employers look into the possibility of allowing employees to telecommute, more difficulties are sure to arise. Unfortunately, federal, state and local laws do not specifically address these issues.
Business changes more rapidly than the law.
As a result we are in a situation where work arrangements are developing faster than the labor and employment laws can account for them. Accordingly, employers will have to make educated guesses in establishing these alternative work arrangements. Non-exempt employees must complete time sheets and must be paid overtime for work in excess of 40 hours per week. One option would be to enter into a written agreement with the employee to designate the time that can be spent working. The agreement can also specify a procedure for calling in to a supervisor for advance approval of any overtime.