Letter from Harris Miller to Sec. of Labor Herman.
Re: OSHA teleworker advisory opinion.
Date: February 3, 2000.
Source: Information Technology Association of America. Tech Law Journal created this page by converting an MS Word version of the letter into HTML.

February 3, 2000

The Honorable Alexis M. Herman
Secretary
U.S. Department of Labor
200 Constitution Ave., NW
Washington, DC  20210

Dear Secretary Herman:

In light of recent negative actions taken by the Department of Labor (DOL) on issues impacting the high tech industry, e.g., telecommuters and inclusion of stock options as a component of an employee’s base pay, that did not appear to fully take into account aspects of the New Economy, and which have not been helpful to DOL or to the information technology (IT) industry, I am writing to suggest that you appoint within the Department, preferably within your own office, a senior high tech policy staff person to play a prominent advisory role in formation of new DOL regulations, rule interpretations and overall policy direction.  The 400 direct and 26,000 affiliate members of the Information Technology Association of America (ITAA) encourage you to recognize the unique culture of the IT industry as regulations are promulgated and interpreted.

Skilled employees are the most valuable assets for high tech companies.  The continued growth and dynamism of the IT industry depends on the ability of companies to attract and retain a highly skilled workforce.  Stock options and telecommuting are critical benefits offered by many of our member companies to retain their best employees.  Government decisions that inadvertently jeopardize IT companies’ ability to employ the highest degree of skilled workers could harm the New Economy and U.S. productivity.  Having another perspective in DOL’s decision making perhaps could avert such poor decisions.

ITAA urges you to consider incorporating an advisor knowledgeable about the high tech industry’s labor challenges into the process for promulgating and interpreting regulations.  This person would be duty bound, of course, to make certain that DOL followed all applicable laws.  But, as we know, many interpretations and policy decisions require input from many directions.  Someone inside DOL with specialized knowledge of IT would provide insights through the policy process that might currently not be receiving full consideration.

We welcome the opportunity to further discuss this with you and appreciate your consideration of this matter.

Sincerely,

Harris N. Miller
President