Remote work: 5 legal pitfalls tripping up companies now
The freedom to work from home is one of the most highly sought after perks today.
And in order to attract and retain top talent, many companies are implementing a work from home benefit for their employees.
But without a clear remote work policy, things can quickly spiral out of control.
Creating an airtight policy
Not only will policies keep employees on track while working from home, but they’ll help avoid potential legal problems that can arise from remote work.
Here are five legal pitfalls you’ll want to look out for when drafting a remote work policy, according to business expert Jo Faragher and employment law attorney Christine Hanley.
1. FLSA violations. One of the most obvious problems with remote employees is it’s impossible to know how many hours they’re actually working out of the office.
If your workers are salaried and exempt from overtime, this isn’t a big deal: They’ll get paid the same regardless of how many hours they put in at home. But if your employees are paid by the hour and eligible for overtime, major FLSA violations are lurking in remote work.
Even if you instruct your employees to not exceed 40 hours a week, they still must be paid overtime if they do. And keeping tabs on their activity is significantly more difficult when they’re out of the office.
But there are ways you can keep them on track. At the start of each remote day, ask what the employee will be working on, with whom and what hours they’re active.
Another good idea is setting hours when no employees should be checking email or logging onto their computers.
2. Discrimination/ADA issues. Remote employees can easily fall victim to “out of sight, out of mind.” But this bad management habit can quickly lead to something more serious.
For example, say your remote workers are primarily women caring for their children and disabled employees who need to work from home as their ADA accommodation.
If you don’t offer these remote workers the same support and opportunities for advancement as your in-office workers, you could be faced with sex discrimination and disability discrimination lawsuits.
To avoid this, your policy should discuss remote workers’ right to training, promotions and visibility.
3. Work environment obligations. Just because an employee isn’t working in the office doesn’t mean an employer isn’t responsible for their health and safety.
Before granting an employee permission to work from home, an employer should determine remote workers’ environments are suitable for getting the job done and don’t pose any undue risk.
Remember: If an employee gets hurt on the job, even if they aren’t in the office, the employer could still face legal consequences.
4. Data security concerns. When employees start doing business outside the office and on mobile devices, a whole host of new security concerns pop up.
To help control potential breaches, it’s best to restrict remote employees’ ability to print or download confidential documents.
It’s also a good idea to remind remote workers of the security dangers of working in public spaces.
5. Worksite closures. Something else you’ll want spelled out in your policy is what remote workers are supposed to do when the company or worksite is closed.
If they end up working when the company isn’t open, the employee is most likely still owed wages. It’s important to clarify what’s expected of remote workers in this situation.
