How to Handle Remote Worker Compliance picture of person working remote at a cafe

The COVID-19 pandemic caused a dramatic shift of office workers to remote work. A lot of organizations have since transitioned their employees back to the office for part of the work week; even so, remote work looks to be a permanent part of working life in the United States. The Pew Research Center found  in 2023 that roughly 22 million working adults in the U.S. spend their days at their desks at home 40 hours a week. That’s roughly 14% of all employed adults, while 41% are at least part-time remote on a hybrid setup. The survey also found that 32.6 million Americans will be working remotely this year.

Remote work provides an incentive to attract and retain talent, but it also makes for some new employment issues. Managing a remote team can be difficult, particularly in highly-regulated sectors, like finance, healthcare, and defense. Nonetheless, it could affect companies in any field.

Pinpointing the challenges of remote workers and creating a solid remote work policy will allow employers and workers to fully take advantage of remote schedules without issues of cybersecurity, confidentiality, or legal compliance.

What are the Common Challenges of Remote Work?

Some common challenges employers face with remote workers include the following:

  • Determining the labor laws and regulations that are applicable to employees at their home office location;
  • Monitoring work performance and output;
  • Ensuring workplace safety;
  • Maintaining data security and privacy; and
  • Safeguarding proprietary information and communications.

A policy for remote working is the foundation for businesses that allow remote work as part of their daily operations. Without a sound policy, businesses may experience issues with communication, productivity, and performance. A well-structured policy provides clear guidelines, to make certain that both employers and employees are on the same page with the rules and responsibilities of working remotely.

The Importance of a Remote Work Policy

A well-constructed remote work policy—one that is clear, consistent, and productive—can be extremely beneficial for both employers and employees. A policy should outline the expectations and requirements for employees and should be a comprehensive how-to guide that centers on the procedures and workplace specifics that are to be used while working from home. A sound remote work policy should contain:

  • The rules for remote work eligibility;
  • Expectations on mandatory work hours and availability;
  • Required equipment; 
  • Performance tracking;
  • Cybersecurity protocols; and
  • Guidelines on work communications.

Let’s look at these areas in greater detail:

Eligibility and Scope. Not all work can be done from home, and it’s critical that employers identify which workers or positions are eligible for remote work. A remote worker policy should outline the positions that can work remotely and those whose physical presence is required at the office location. 

Communication. One of the major components of a virtual office set-up is effective communication. Your policy should state the preferred methods of communication, along with acceptable response times and check-ins. Describe the frequency with which employees must report to supervisors concerning  project timelines and schedules.

Equipment and Resources. State all hardware and software requirements to work at home, such as PCs, Internet access, and software. Indicate if the equipment will be provided by the company or if it shall be the employee’s responsibility. Also, note technical support options.

Work Hours and Availability. A primary element of a remote work policy is the company’s expectations as to work hours and availability. This means determining if remote employees must stick to a set schedule or whether flexibility is permitted. 

Performance and Accountability. The remote work policy should include a description of how performance will be monitored as far as productivity. Employers may add deadlines for task completion deadlines, coaching sessions, and progress reports. 

Legal and Compliance Considerations. Be certain that the remote worker policy insulates both the company and the individuals who will work remotely from any legal impacts regarding the laws on labor, overtime, and taxes.

Employee Well-Being. Researchers have found that while remote work can improve job satisfaction, it can also result in workers feeling socially isolated. They may experience guilt and try to overcompensate with their efforts to justify their perceived special situation. Some employers are opting for a hybrid model of working in the office a few days a week. Some studies indicate that this aids in the wellbeing of remote workers.

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The past few years have demonstrated that remote work is here to stay in some form. In fact, a recent McKinsey study reported that nine out of 10 companies are switching to a permanent hybrid work model—proof that it’s imperative for employers to implement a remote work policy that specifically outlines the guidelines for remote work.

Reach out to LOVE LAW FIRM for assistance with creating a remote work policy that you – and your employees – can not only live with, but thrive.

If you liked this article, check these out as well:

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Telework Checklist for Small Businesses in New York

Francine E. Love is the Founder & Managing Attorney at LOVE LAW FIRM PLLC which dedicates its practice to serving entrepreneurs, start-ups and small businesses. The opinions expressed are those of the author. This article is for general information purposes and is not intended to be and should not be taken as legal advice.

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Francine E. Love
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Founder and Managing Attorney at Love Law Firm, PLLC which dedicates its practice to New York business law