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Strobl Stark PLLC

Strobl Stark PLLC

Business and Corporate Law Firm

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(248) 540-2300

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    • Henry J. Andries, Jr.

      Henry J. Andries, Jr.

      Member

      Phone: 248.205.2710

      Office: Bloomfield Hills, Michigan

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      Practice Areas

      Business Law, Commercial Contracts, Corporate Law, Healthcare Law, Labor & Employment, Litigation, Real Estate, Tax

      Experience

      Since 1995, Henry J. Andries, Jr. has engaged in private practice with a concentration in employment law, complex civil litigation...

    • Kenneth M. Boyer

      Kenneth M. Boyer

      Of Counsel

      Phone: 248-205-2799

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      Practice Areas

      Business Law, Commercial Contracts, Corporate Law, Estate & Succession Planning, Real Estate, Tax

      Experience
      • Advises clients in the areas of estate planning, including drafting wills, trusts and related estate planning documents
      • Represents probate decedent’s estates...
    • Lynn M. Brimer

      Lynn M. Brimer

      Member

      Phone: 248.205.2772

      Office: Bloomfield Hills, Michigan

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      Practice Areas

      Business Law, Banking & Financial Services, Bankruptcy & Creditor's Rights, Commercial Contracts, Corporate Law, Litigation, Mergers & Acquisitions, Non-Profit Law, Real Estate, Tax

      Experience
      • Assist taxpayers with representation before the internal Revenue Service, the State of Michigan Department of Treasury and other taxing authorities...
    • Russell G. Carniak

      Russell G. Carniak

      Of Counsel

      Phone: 248-205-2721

      Office: Bloomfield Hills, Michigan

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      Practice Areas

      Business Law, Commercial Contracts, Corporate Law, Litigation

      Experience
      • Represents business interests in any dispute, accompanied with a commitment to understanding their businesses and the challenges they face in...
    • Jon P. Everly

      Jon P. Everly

      Managing Member

      Phone: 248.205.2759

      Office: Bloomfield Hills, Michigan

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      Practice Areas

      Business Law, Commercial Contracts, Corporate Law, Estate & Succession Planning, Non-Profit Law, Real Estate, Tax

      Experience
      • Advises closely held businesses and their owners in a broad range of legal matters, including formation, taxation, succession planning, and...
    • Michael L. Geller

      Michael L. Geller

      Member

      Phone: 248.205.2770

      Office: Bloomfield Hills, Michigan

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      Practice Areas

      Business Law, Commercial Contracts, Corporate Law, Healthcare Law, Labor & Employment, Litigation, Real Estate

      Experience
      • Advises and assists clients in the creation and structuring of their business entities.
      • Regularly counsels clients relative to employment issues that...
    • William D. Girardot

      William D. Girardot

      Member

      Phone: 248-205-2740

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      Practice Areas

      Business Law, Commercial Contracts, Corporate Law, Labor & Employment, Mergers & Acquisitions, Real Estate

      Experience
      • Real Estate Acquisitions and Sales: Facilitating the purchase and sale of commercial and industrial properties, ensuring clear title and seamless...
    • Jeffrey T. Goudie

      Jeffrey T. Goudie

      Associate

      Phone: 248-205-2767

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      Practice Areas

      Banking & Financial Services, Business Law, Commercial Contracts, Corporate Law, Real Estate

      Experience
      • Represents financial institutions in licensing matters, regulatory matters, and transactional matters
      • Provides vendor contract review for financial institutions
      • Litigates title issues and...
    • Evan H. Kaploe

      Evan H. Kaploe

      Member

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      Practice Areas

      Bankruptcy & Creditor's Rights, Business Law, Commercial Contracts, Estate & Succession Planning, Mergers & Acquisitions, Tax

      Experience
      • Assists clients involved in audit, appeals, and collection matters with the Internal Revenue Service or State taxing authorities.
      • Represents clients in...
    • Michael A. Kus

      Michael A. Kus

      Of Counsel

      Phone: 248-205-3090

      Office: Bloomfield Hills, Michigan

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      Practice Areas

      Banking & Financial Services, Business Law, Commercial Contracts, Corporate Law, Real Estate

      Experience
      • Advises financial institutions on compliance and regulatory laws and policies and procedures
      • Provides guidance and assistance to banks and thereby reducing...
    • Jay R. LaBarge

      Jay R. LaBarge

      Member

      Phone: 248.205.2778

      Office: Bloomfield Hills, Michigan

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      Practice Areas

      Banking & Financial Services, Business Law, Commercial Contracts, Corporate Law, Estate & Succession Planning, Healthcare Law, Mergers & Acquisitions, Non-Profit Law, Real Estate, Tax

      Experience
      • Advises clients on a full range of real estate matters, including drafting and negotiating purchase agreements and residential, commercial and...
    • Christopher E. LeVasseur

      Christopher E. LeVasseur

      Member

      Phone: 248-205-2745

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      Practice Areas

      Business Law, Commercial Contracts, Corporate Law, Labor & Employment, Litigation

      Experience
      • Advising and defending employers in labor/employment law compliance and litigation
      • Representing Union Pension, Welfare and Supplemental Unemployment Benefit Funds
      • General commercial litigation,...
    • Brian J. McCullough

      Brian J. McCullough

      Of Counsel

      Phone: 248.205.2715

      Office: Bloomfield Hills, Michigan

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      Practice Areas

      Business Law, Commercial Contracts, Corporate Law, Estate & Succession Planning, Healthcare Law, Real Estate

      Experience
      • All legal aspects pertaining to healthcare providers, including licensing, certification issues, survey and compliance issues, Medicare, Medicaid and other insurance-related...
    • Joseph N. Novell

      Joseph N. Novell

      Member

      Phone: 248-205-2733

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      Practice Areas

      Business Law, Commercial Contracts, Estate & Succession Planning, Mergers & Acquisitions, Real Estate

      Experience
      • Guiding clients through all stages of the merger and acquisition process, from the initial letter of intent and due diligence...
    • Elizabeth A. Orsi

      Elizabeth A. Orsi

      Senior Associate

      Phone: 248-205-2755

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      Practice Areas

      Business Law, Commercial Contracts, Corporate Law, Estate & Succession Planning, Real Estate

      Experience
      • Practices in the areas of business and corporate law, real estate law, and estate planning with prior experience in criminal...
    • Pamela S. Ritter

      Pamela S. Ritter

      Member

      Phone: 248.205.2765

      Office: Bloomfield Hills, Michigan

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      Practice Areas

      Banking & Financial Services, Bankruptcy & Creditor's Rights, Business Law, Commercial Contracts, Corporate Law, Litigation, Real Estate

      Experience
      • Counsel to lenders in a range of loan origination transactions, including commercial and industrial loan facilities, real estate and construction...
    • James A. Rocchio

      James A. Rocchio

      Of Counsel

      Phone: 248.205.2748

      Office: Bloomfield Hills, Michigan

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      Practice Areas

      Bankruptcy & Creditor's Rights, Business Law, Commercial Contracts, Corporate Law, Estate & Succession Planning, Mergers & Acquisitions, Tax

      Experience

      Mr. Rocchio has deep expertise in the area of taxation. Over the course of his legal career, he has counseled...

    • R. Keith Stark

      R. Keith Stark

      Of Counsel

      Phone: 248-205-2727

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      Practice Areas

      Business Law, Commercial Contracts, Corporate Law, Estate & Succession Planning, Mergers & Acquisitions, Real Estate, Tax

      Experience
      • Advises closely-held businesses from the initial organization of emerging enterprises through to the disposition of businesses.
      • Specializes in succession and estate...
    • Nelson B. Stieper

      Nelson B. Stieper

      Of Counsel

      Phone: 248.205.2742

      Office: Bloomfield Hills, Michigan

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      Practice Areas

      Estate & Succession Planning

      Experience
      • Performs probate and trust administration, revocable and irrevocable trusts, wills, special needs planning, gift planning, and asset protection
      • Advises on divorce,...
    • Thomas J. Strobl

      Thomas J. Strobl

      1942 – 2023

      Phone: 248.205.2713

      Office: Bloomfield Hills, Michigan

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      Practice Areas

      Banking & Financial Services, Business Law, Commercial Contracts, Corporate Law, Labor & Employment, Mergers & Acquisitions, Real Estate, Tax

      Experience
      • Advises a broad spectrum of purchasers and sellers in merger and acquisition transactions involving primarily private companies.
      • Represents financial institutions and...
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    • Bankruptcy & Creditors’ Rights
    • Business Law
      • Commercial Contracts
      • Corporate Law
      • Healthcare Law
      • Labor & Employment
      • Mergers & Acquisitions
      • Non-Profit Law
      • Real Estate
      • Tax
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Important Legal Considerations in Telecommuting

January 5, 2015

6 Important things to know if you let employees work from home

By Michael Geller

telecommuting legal considerations from Strobl & Sharp PC
Telecommuting boosts morale

Working from home or telecommuting is a growing trend in this country. The benefits are improved employee morale, increased productivity, less workforce turnover and lower office overhead costs.

The decision to adopt it within your company depends on various factors, including the ability of employees to work unsupervised on a daily basis and still function as part of a collaborative team.

Should you decide it makes good business sense to let employees work from home, you must still address some important legal issues. Otherwise, you could derail your program and lose out on the great benefits.

1.  Put your company agreement in writing

Before you roll out your telecommuting program, develop a written policy to be implemented by the company. The policy may require the employee and supervisor to sign additional documents detailing the program and the company’s expectations. It should make clear that employees are still obligated to follow the company business rules and ethical codes. It should also define the work products that the employee is expected to produce each pay period and whether the employee is obligated to be on call during certain times or attend meetings on site. Lastly, the policy should reserve your general right to pull the employee back to the office if required.

2.  Protect yourself against claims of discrimination

Claims of discrimination can result if you refuse an employee’s request to work from home. So ensure your policy documentation gives objective criteria for allowing telecommuting. Along with job responsibilities, these could include job performance, disciplinary history and company seniority.

The Equal Employment Opportunity Commission, which oversees matters related to workplace discrimination, has ruled that working from home is a reasonable accommodation for a disabled employee. This means if a disabled employee claims telecommuting is a reasonable accommodation; you may have to approve the request unless other factors mitigate the reasonableness. For example, you may have to prove that the employee’s physical presence in the office is essential to the job.

3.  Safeguard company property

If you are providing employees with electronic or technical equipment as part of the arrangement, have them sign a document acknowledging receipt of the equipment and requesting they take care to prevent damage or theft of the equipment. You might also want to indicate who will repair or replace damaged or stolen equipment. The acknowledgement could go so far as to limit employees’ use of company equipment for non-business matters and require its return upon termination of employment.

4.  Ensure the security of data

Your telecommuting policy must have provisions to protect the confidentiality of proprietary and sensitive company information accessed remotely by employees. You may want to obtain a signed acknowledgement from telecommuters indicating they understand the potential for monitoring without notice during work hours. Computer files and documents along with computers and telephone lines could be suspect to such monitoring. This action will forestall any legal expectation of privacy on the part of employees working at home. You may also consider prohibiting access to company information over public or other non-secure networks or servers.

5.  Be mindful of workers’ compensation

You as an employer are not protected from workers’ compensation claims if employees work at home since employers in most states are liable for injuries that occur to employees in the course of employment wherever they happen. This being the case, it would pay to ask your workers’ compensation carrier whether injuries at an employee’s home are covered under your policy.

To help curb safety problems, employers should require telecommuters to designate a specific area at home to serve as an office and to take lunch and other breaks at predetermined times. You should remind employees to promptly follow procedures for reporting any work-related injury wherever it may happen. You must keep records of all such work-related injuries no matter the location of occurrence.

6.  Track all hours worked

The Fair Labor Standards Act requires employers to pay employees at or above the federal minimum wage for all hours worked and to pay overtime for hours in excess of 40 per work week. The law applies to telecommuters as well employees in the work place. Though challenging to do in the absence of a watchful supervisor, this makes an employer’s obligation to track non-exempt employee hours very important. Otherwise, you risk costly fines.

To this end, companies sometimes include provisions in the telecommuting agreement requiring an employee not to work more than 40 hours per work week without prior written authorization. You may want to do likewise and even have employees sign in and out via e-mail and report hours worked on a daily basis. Or you could simply limit the ability to work at home to exempt employees, who are legally free to work off-the-clock.

While these legal considerations are not exhaustive or complete, they highlight the issues you need to address before you let employees work from home.

Michael (Mike) Geller has been a business lawyer for over 25 years. He has an extensive background in Corporate and Health Care Law – from compliance to commercial matters to labor and employment issues. An expert litigator, he is one of the rare attorneys who can counsel his clients in the boardroom, teach staff in the classroom and defend a client’s concerns in the court room.

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At Strobl Stark PLLC, our attorneys are committed to your team. We collaborate with clients to share our expertise and guide them to success.

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