In recent years, the landscape of traditional office work has undergone a radical transformation, driven by the surge in remote working. The advantages of remote work are evident, such as cost savings on office space and improved employee morale.
However, this shift has brought forth a new set of challenges for employers. Managing remote workers effectively, ensuring their productivity, and maintaining compliance with both company policies and extensive employment laws are vital tasks.
Today’s topic explores the crucial considerations and requirements you must be aware of in this evolving work environment.
As an employer, you must recognize that there is no legal mandate at the state or federal level requiring remote work for employees. The decision to embrace this setup depends on your organization’s specific needs and requirements. Furthermore, you[1] have the flexibility to determine which positions are eligible for remote work while withholding it from others. However, be prepared to provide legitimate reasons for such distinctions to avoid potential discrimination claims.
When implementing offsite work, develop and distribute a comprehensive remote work policy. This policy should clearly outline the requirements and expectations for workers. These may include ensuring employees have a quiet, private workspace with reliable internet access, utilizing company technology or adhering to specific technology requirements, and maintaining appropriate behavior during video conferences.
Steer clear of micromanagement and avoid software that monitors every aspect of an employee’s work. Such intrusive practices are often viewed negatively by employees and can lead to higher turnover rates.
Ensuring cybersecurity is a critical aspect of remote work. Provide employees with business-only email accounts and establish policies to safeguard both company confidential information and the personal data of customers. Protecting sensitive data remains paramount even when employees work remotely.
It’s also essential to remember that the same labor laws that apply in an office setting also extend to remote workers. This includes compliance with wage and hour regulations, such as accurate tracking of work hours, meal and rest breaks, and overtime pay for non-exempt employees. You must also adhere to local labor laws and ordinances applicable to the location where the remote employee works. For instance, if the employee resides in a different city with a unique minimum wage rate, that rate must be observed.
Also, be aware of potential requirements for reasonable accommodations under the Americans with Disabilities Act. This may involve providing and funding ergonomic chairs, standing desks, or other necessary accommodations requested by employees.
Employee Reimbursement for Remote Work Expenses
Under certain state labor codes, you may be required to reimburse employees for “necessary expenditures or losses” incurred by employees while performing their job duties or following your instructions.
Consider reimbursing offsite workers for various expenses associated with their remote work location, including but not limited to:
- Office equipment and supplies, such as printers or desks
- Home office improvements, such as ergonomic furniture
- Technology expenses, including company-provided computers and peripherals
- Safety equipment, such as masks and sanitizers
- Phone and internet expenses, based on a “reasonable percentage” of their usage
For phone and internet reimbursements, you may request copies of employees’ bills to determine the actual cost. Reimbursement may not be required if employees already owned the equipment or services before working remotely.
Also, be aware that employees are entitled to mileage reimbursement for travel to non-office locations, and if an employee resides a substantial distance from the office, travel expenses to the office may also apply.
In the ever-evolving realm of remote work, it’s important to adapt to new challenges and requirements. By creating thoughtful policies, ensuring compliance with labor laws, upholding cybersecurity, and responsibly reimbursing employees for their expenses, you can successfully navigate the complexities of managing a remote workforce. As this option continues to shape the future of employment, staying informed and addressing these key considerations is essential for both you and your employees.
Chase Law Group (chaselawmb.com)
