Laura Brandt - The Retail Lawyer
Remote Work Policy
Old school telecommuting has evolved. Along with that evolution, not only has the name changed but a more formal approach to such arrangements has emerged. We now have "Remote Work" and "Hybrid Work Arrangements." If you're an employer who allows or is considering to allow such work arrangements, you should have a written policy issued to your employees. The video below will provide you some basic information to consider when crafting your policy.
***GENERAL INFORMATION PURPOSES ONLY***
**NOT LEGAL ADVICE**
As COVID becomes a memory more companies are seeking to have employees fully return to the office. However, many employers are offering fully remote or hybrid work arrangements to their employees as a work benefit.
For those of us who have supported managers with staffed teams, we know that performance management is an area ripe for improvement. The task can become more difficult when there is a remote component to the work arrangement. To protect themselves, employers should, before allowing remote/hybrid work arrangements to continue, put in place a clear policy setting forth objectives and expectations of both the employer and the employee.
Some key points to include in your policy:
- The policy is discretionary on the part of the employer.
- Set forth the employee categories that are eligible for such work arrangement.
- Any such remote or hybrid work arrangement must be pre-approved by the employer prior to implementation of such arrangement.
- Explanation of the specific submission and approval process.
- The policy is subject to modification, suspension, or cancellation at any time in the employer’s sole discretion.
- Be clear about communication expectations between employee and supervisor.
- Employees permitted to work remotely must continue to abide by the Company’s employee policies, including but not limited to Anti- Discrimination and Anti-Harassment, and Workplace Health and Safety.
- Failure to follow the employer’s policies generally, and remote work rules specifically, may result in discipline and termination of the remote work arrangement and/or termination of employment.
- Encourage employees to consult with a qualified tax professional to determine any state or local income tax implications that may result from a remote working arrangement.
- Make sure to have an acknowledgement page for the employee to sign.
- Before implementing a remote work policy, the employer should confirm with its insurance carrier whether its existing workers compensation coverage will include coverage of an employee working at a remote location.
- Once a remote work arrangement is approved, the specific agreement between the employee and employee should be memorialized in a signed writing which sets forth the specific custom agreement including the actual work schedule and responsibilities. For hybrid arrangements, the agreement should also indicate seating and workspace set up when employee works from the office.
To successfully maneuver through a remote work arrangement, an employer must focus on clear communication and consistent application of rules.
For more information on remote work policies, check out the short video posted on The Retail Lawyer channel on youtube.
As with any legal matter, consult with an attorney before taking action.
Quick Link for YouTube Video of Laura Brandt talking about Post COVID Re-Hiring Employees:
https://www.youtube.com/watch?v=hOv8iUG8QjU
***GENERAL INFORMATION PURPOSES ONLY***
**NOT LEGAL ADVICE**
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