Sound remote work policies not only improve accountability but also help avoid potential legal issues that might arise from remote work.
The COVID-19 pandemic was a game-changer. It has changed and perhaps improved many things, including business.
Most companies responded by offering work-from-home options to their employees in order to keep the business running.
However, employers should be aware of the dangers of email phishing and online scams. Without a remote work policy, you may face some difficult legal problems.
Start Off With a Strict Policy
Sound work-from-home policies will improve accountability and keep employees on task while they work from home. In addition, it helps to avoid legal issues arising from remote work.
These are five legal issues you need to be aware of when creating a policy for remote work.
1. FLSA Improvements
Remote employees have a unique problem: it’s difficult to track how many hours they work from home.
This isn’t an issue if your workers are salaried and receive no overtime. These employees still get paid the same regardless of how many hours they work at home.
Even if your employees are instructed not to work more than 40 hours per week, overtime must still be paid. It’s even more difficult to keep track of their activities when they’re away from the office.
However, there are ways to keep them on task.
One way is to improve communication with your employees. Ask your remote employee what they will be doing, with whom, and for how many hours.
It’s also a good idea to set definite hours during which employees should not be logging onto computers, checking email, or doing any other work-related job.
2. Discrimination/Disability-Related Issues
Remote workers can easily become “out-of-sight, out of mind” employees. This bad management practice leads to serious problems.
Imagine, for example, that you have remote workers who are primarily responsible for their children. What if your disabled employees must work from home to receive ADA benefits?
Suppose you aren’t offering remote workers the same chances for advancement and support as in-office employees. Be aware of the possibility of a suit for discrimination based on gender or disability.
You can improve your policy by putting in information about remote worker rights to training, promotions, and visibility.
3. Improve Work Environment Problems
Employers are responsible for employees’ safety and health, even if they’re not in the office.
It’s important to look at the fitness of the place of work before giving consent for an employee to work remotely. Employers need to decide if remote workers are able to perform the job and if they pose no undue risk.
Remember: Even if an employee is not in the office when they get hurt, legal problems for the employer are a possibility.
4. Improve Security
Many security issues arise when employees do business outside of the office or on mobile devices.
It’s best to limit remote employee access to private data.
Be certain to train all remote employees concerning the security risks of working in public places.
5. Improve Understanding about Open and Closed Work Place
Employees who work for the company when it is closed still need to be paid. It’s important to clearly define what remote workers are expected to do at such times.
Some General Improvement Rules
Now that we’ve covered some ways to improve your work-from-home policy, let’s look at eight areas that every policy should address.
- Eligibility: Decide which positions are eligible for remote work and list them in your policy. You should state from the beginning that you do not have remote positions. This will remove any future questions or requests about remote work.
- Remote Work: The policy should outline the availability requirements for remote work. It doesn’t matter if you have a general 9 a.m.-5 p.m. work policy or allow employees to set their own schedules.
- Answering Messages: Define how and when remote employees need to respond to co-workers. Also, give clear directions about which communication methods are best.
- Measuring the Work: The best remote work policies clearly define how the work is measured.
- Equipment: Remote workers require the right tools in order to do their jobs. Companies must clearly list all the equipment they will offer these workers. For example, if they expect their employees to supply computers, they must specify this.
- Tech Support: List the technical support offered to remote workers. Outline the duties of remote workers in case they come across technical issues.
- Work Place: Some employers insist on approval of the employees’ physical space before they work remotely.
- Security: Data taken from an office is not secure. Be sure to use a great deal of caution when working in public. Always set up rules to ensure security.
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