In the past I have usually discussed telework in terms of employees rather than contractors who work for an organization. On 30 April 2018 the California Supreme Court made the following distinction:
[W]e conclude that in determining whether, under the suffer or permit to work definition, a worker is properly considered the type of independent contractor to whom the wage order does not apply, it is appropriate to look to a standard, commonly referred to as the “ABC” test, that is utilized in other jurisdictions in a variety of contexts to distinguish employees from independent contractors. Under this test, a worker is properly considered an independent contractor to whom a wage order does not apply only if the hiring entity establishes: (A) that the worker is free from the control and direction of the hirer in connection with the performance of the work, both under the contract for the performance of such work and in fact; (B) that the worker performs work that is outside the usual course of the hiring entity’s business; and (C) that the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for the hiring entity.
The reason this is important has to do with the benefits, beside direct income, that are available to the worker. For most of our work with telecommuting development we focused on the process of converting existing employees into successful telecommuters. In all those cases I argued that the telecommuters should be compensated the same as their non-telecommuting coworkers.
Continue reading Employees or contractors?
Telework/telecommuting has always been based on the concept of location independence: the idea that some jobs/tasks are independent of where they are performed. Our mantra has been to move the work to the worker instead of moving the worker to work.
The telecommuting portion of telework concentrates on local situations; usually urban-oriented, replacing some or all of the daily commute between home and workplace. In fact, this was the brainstorm I had one day around 1970 while stuck in near-zero miles per hour traffic on a Los Angeles freeway. To make it worse an overhead traffic control sign urged: “Maintain Your Speed”. Inner thoughts: “My job generally involves thinking, computing, writing and otherwise doing solo stuff. Why can’t I just do it at home? Why am I wasting hours sitting here inhaling carbon monoxide and stressing?”
Continue reading Location independence 2.0
One of the reasons I recommend telework is its usefulness in allowing work continuity even in the case of natural disasters: earthquakes, hurricanes, floods, blizzards and the like. I haven’t spent much time writing about telework and unnatural disasters. Now here’s one that’s made to order: Brexit. A disaster that the UK and the EU are just now beginning to recognize.
Amid the gory details of the Brexit process, a saga that evolves daily, is that of the European Medicines Agency (EMA). The problem is that the EMA is currently domiciled in London; Canary Wharf to be exact. The role of the EMA is comparable to that of the Food and Drug Administration (FDA) in the United States. The EMA approves medicines for millions of Europeans.
But Wait! How can an agency responsible for the medicines of Europeans be located in a soon-to-be non-European country? Answer: Politically speaking it can’t; it must move to the Real Europe.
Continue reading Telework and unnatural disasters: Brexit
Ordinarily this blog concerns “normal” telework, among other issues. But this time the focus is on telework as it happens to coincide with telepolitics in Spain’s region of Catalonia. In case you haven’t been following the goings-on in Catalonia because of Trumpruses here’s the story.
Catalonia, although an official, semiautonomous region of Spain, has been chafing at the bit for decades if not centuries. Many Catalans want Catalonia to evolve into a separate country. The Spanish government is dead set against such a move. Nevertheless Catalonia, which has its own parliament, voted in a referendum on 1 October 2017 to become independent under its President, Carles Puigdemont. Spain’s prime minister, Mariano Rajoy, declared the referendum unconstitutional, null and void and set about arresting the leaders of the separatists. Rajoy also declared a snap regional election to be held on 22 December 2017 for the purpose of returning Catalonia to the fold.
Continue reading Telework and telepolitics in Catalonia
Despite all our sage advice the world, at least the United States, seems intent on accelerating our race to the climate cliff. It’s well past time to put on the brakes. For example, energy and climate notes that:
In the 1990s, the transportation sector saw the fastest growth in carbon dioxide emissions of any major sector of the U.S. economy. And the transportation sector is projected to generate nearly half of the 40% rise in U.S. carbon dioxide emissions forecast for 2025.3
Congratulations all you movers. Transportation finally is producing more greenhouse gases than coal-fired power plants. As my mother used to say to me when I was a sprout: Stop moving around so much!
Continue reading High time to put on the brakes
Our accounting practices may soon change to include the carbon tax. We have spent years encouraging people to look at the benefits of teleworking versus its costs. Our cost-benefit analysis focuses mainly on the standard cost elements such as space rental, technology, training and unspecified “externalities”. But soon many organization will be thinking about another benefit of teleworking, the carbon tax. Continue reading Telework and the Carbon Tax
Telework versus transportation: for the past four decades much of my work on telework and its telecommuting subset has been on demonstrating the relative advantages and disadvantages of those two. It all started in the early 1970s when I got fed up with wasting my time sitting in traffic twice, or more, daily. The commute to and from work was a drag.
Then came the proverbial lightbulb! If what I’m doing at work simply requires a phone (remember, this was in the dark ages of computing) and a desk, why do I have to fight traffic for more than an hour every day to do it? Why not do it from home (Starbucks hadn’t been invented yet either)?
Since then a growing number of people and organizations have come to the same conclusion, fortified by the evidence that telework and telecommuting are good for business. There are now tens of millions of teleworkers worldwide and the number continues to grow.
So now what?
Continue reading Thoughts on telework versus transportation
The numbers are exploding: people can’t afford to live near where they work. Near means within half an hour or so from home to workplace (see my recent blog) . Now, in an article by George Avalos in the San Jose Mercury News, the plight is laid out for the Silicon Valley. Titled Housing woes spur Bay Area residents to ponder exodus from costly region, poll says, Avalos writes that the battle between ever-so-slowly-growing supply and bursting demand for homes in the valley clearly affects prices. “In July, the median price of a single-family home in the nine-county Bay Area was $804,000, up 10.1 percent from a year earlier ” Avalos wrote. Mind boggling.
There are two possible solutions to this dilemma: a) suddenly become immensely rich; b) move to your employer’s facilities full time or; c) move to where you can afford the housing. The second option evokes, mostly negative visions of the company town. The third option requires some serious thought.
Continue reading Can’t afford to live near work? Telecommute!
As time marches on the daily commute gets longer according to the U.S. Census Bureau. As an article by Christopher Ingraham in the 16 September 2017 Washington Post points out, the average commute time in the U.S. has grown to 26.6 minutes each way. Among other consequences, this has promoted steady progress in telecommuting.
Let’s go through the numbers. Assume that the average American worker works 49 weeks annually after vacation and holidays are omitted from the total of 52 weeks. At 5 work days per week and two commute trips per work day that’s 490 commute trips annually. At 26.6 minutes per commute trip we find that the average commuter is spending 13,034 minutes, or 217.23 hours annually sitting in traffic. That’s 5.4 40-hours work weeks! More than a month of workdays uncompensated.
Continue reading Commuting promotes telecommuting
In June I posted a piece about global warming. The focus was on the role that methane could play in accelerating the warming process. On 23 August 2017 the New York Times published an article about the disappearance of permafrost in Alaska. The article, by Henry Fountain, begins with this:
The Arctic is warming about twice as fast as other parts of the planet, and even here in sub-Arctic Alaska the rate of warming is high. Sea ice and wildlife habitat are disappearing; higher sea levels threaten coastal native villages.
Continue reading Global Warming, Part 2