Telecommuting… Will it be a Permanent Policy for your Company?

Wendy Anderson • Apr 26, 2021

The workplace of April 2021 looks vastly different than it did just 14 months ago.  For businesses that are generally not customer-facing, or for certain office jobs that support those workers who do interact directly with customers, the possibility of long-term or even permanent telecommuting is real.

If you’re considering this as an option for some of your employees, there’s a myriad of factors to think about.  The goal is for your company to adopt policies and practices that can equally apply to workers in the office and those at home, and to ensure that your remote workers are aware of, and comply with, those policies.

Employee Handbook

Review your current Employee Handbook and any office policies you have adopted.  Make sure that you update any policy for remote work, including the use of social media during work hours and on-the-job impairment due to the use of drugs (even if used legally) and alcohol.  You may want to reissue the handbook to all employees by posting on a shared site or sending a PDF to each worker.

Privacy and Technology Security

The security measures on your employees’ home computers and their internet connections are critical if they will be accessing company documents from home.  Talk with your technology provider and make sure that your remote workers have the necessary firewalls, encryption, and other measures in place.  Losing data or suffering a breach will be equally painful (and your company will be equally liable) whether it originates from your office or from a worker’s home.

Work Hours, Breaks and Overtime

As the employer, you are ultimately responsible for paying your employees according to current state and federal law.  This includes their base wage, payment for breaks and overtime, and tracking their sick time properly.  You can require that your workers track their time, but providing a user-friendly tracking tool will go a long way toward achieving accuracy.

Tracking time is essential for those hourly or salaried workers who work overtime in any given week.  Remember, in 2021, any salaried worker earning less than $58,240 annually is eligible for overtime pay, pursuant to the Fair Labor Standards Act (with some exceptions).

But you don’t have to allow overtime, if the demands of your business don’t require it.  Make sure your policy is clear, so that workers who have the convenience of a home office don’t tend to work all hours of the day, while racking up the overtime.  You must pay employees for all hours worked, so having a clearly communicated policy make it easier for you to manage payroll.

Management Tools

Every business has different needs when it comes to efficiently and effectively managing its workers.  Investigate and implement tools that allow for virtual meetings, chatting, file and data sharing, calendar scheduling, continuing education and training, performance reviews, and all other functions that previously were done face to face. Employees are still subject to your rules and they still need effective management, regardless of where they are working.

Intellectual Property Rights

If your workers create intellectual property as part of their employment, make sure that the ownership of that intellectual property is clearly understood by all parties.  Simply using one’s own computer while working at home does not necessarily vest ownership rights.

There’s no reason to discontinue telecommuting if you have realized over the last year that it can be an effective tool for your business.  But there’s nothing wrong with letting your workers know that telecommuting is not their right – it’s your choice as the owner of the company, and they must comply with your rules.

If you are looking into making telecommuting a permanent part of your business model, make sure that you’ve considered the relevant laws as well as the operational aspects of managing remote workers. Schedule a consultation with me if I can help get this process started.

NOTE: THIS ARTICLE IS FOR GENERAL INFORMATIONAL PURPOSES. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. EACH SITUATION IS DIFFERENT. YOU SHOULD CONSULT WITH AN ATTORNEY TO DETERMINE YOUR LEGAL RIGHTS, REMEDIES, AND DUTIES.

By Wendy M. Anderson, Esq.
Law Office of Wendy Anderson, PLLC
480-825-4509
Contact Me Today

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