What are the most important things to include in our remote work policy?
Quick Answer
Set clear rules about eligibility and work expectations, and make sure employees are properly set up with all the equipment and supplies they need to do their job. Make sure the policy addresses harassment, workers’ compensation, breaks and reimbursement of business expenses.
Legal Perspective
Thompson Coburn LLC.
Los Angeles, California
The first thing your policy should make clear is what positions are eligible for remote work, whether it be part-time or full-time, says employment law attorney John Viola of the firm Thompson Coburn.
You should also state what type of work can be performed at home, and what needs to be done in the office, in case there are any data security concerns. Another key element is making sure employees know when they’re expected to be available while working from home. If you expect them to be online during your company’s normal business hours, specifically say that in the policy. If there’s flexibility in their hours, spell that out too. And, you should spell out in your policy that while the opportunity to work remotely is of great benefit to employees, especially with respect to dependent care, it should not be used as a substitute for dependent care.
Procedure regarding taking remote work days should be laid out as well. Remote workers should regularly communicate with their supervisors, stay current on assignments and be available on an as-needed basis. Are workers expected to request a remote day in advance? Can they decide the day of? Or, maybe you’ll have a strict schedule everyone adheres to. Also, who needs to be informed if they’re working from home?
Last, but certainly not least, remote employees need to comply with all of your employment policies and wage and hour laws.
Relevant Case Law
Piron v. General Dynamics Information Technology, Inc.
Ekres v. Division of Employment Security
Williams v. Amazon.com Services LLC
HR Insight
YMCA of Central Ohio
Columbus, Ohio
An effective remote work policy includes clear info about what is required, says HR Generalist Abby Gruber. For example, working space and equipment specifications are a must, including:
- An appropriate Internet speed
- A quiet space to perform their duties (if they are someone required to be on the phone often, such as a customer service representative)
- Established and easy-to-follow communication best practices or guidelines/expectations for checking in with their team and/or manager, and
- A shared, secure file-sharing app or portal where the employee can access and share important documents and align their daily work.
Remote workers also benefit from:
- Access to a well-being program that encourages physical activity and/or mindfulness breaks
- A culture that prioritizes employee well-being as much as productivity, and
- An effective manager who cares about employees.
The Hicksville Bank
Hicksville, Ohio
Developing an effective remote work policy can be complex, says HR Generalist Carley DeLong. Here are some of the top items to include:
- Compensation and expectations on work hours: Provide clarity about whether compensation and work hours will or will not change as a result of remote work.
- Eligibility: Determine the criteria for eligibility to work remotely and share that info with employees.
- Company equipment: Consider issues like appropriate use of equipment as well as maintenance and repairs.
- Safekeeping of confidential information and documents: Clearly outline expectations on how to handle confidential information, i.e., printing and shredding procedures, etc.
- Office supplies: Consider whether employees will be reimbursed for office supplies. How will this work?
- Worker’s compensation/liability: A home workstation is considered an extension of the company’s workplace. Provide clarity on what employees should do if something happens.
The Cost of Noncompliance
Employee denied remote work as an ADA accommodation: Employer pays $47,500
Who was involved: ISS Facility Services, which is a Denmark-based workplace experience and facility management company, and the EEOC, which sued on behalf of an employee with a pulmonary condition that caused her to have difficulty breathing.
What happened: The EEOC alleged that the employer required all its employees to work remotely for four days a week from March 2020 through June 2020. It further alleged that when the facility reopened, the employee asked to work remotely two days each week as a disability-related job accommodation. The agency said the employer responded by denying the request and then firing the employee, even though it allowed others in her position to work from home.
Result: To resolve the lawsuit, the employer agreed to pay $47,500. It further agreed to:
- Train its employees on the ADA.
- Make changes to its employment policies.
- Allow the EEOC to monitor any future accommodation requests.
Info: ISS Facility Services to Pay $47,500 to Settle Disability Discrimination Lawsuit, 12/20/22.
Company ordered to pay $73K to remote worker over ‘cameras-on’ policy
Who was involved: Florida-based software company Chetu and a remote worker who was based in the Netherlands.
What happened: The employee alleged that the employer wrongfully terminated his employment because he declined to keep his webcam camera turned on for an all-day training session. He that it would be an invasion of privacy to keep his camera turned on for the whole time.
Result: A Dutch court ruled in favor of the employee and awarded him $73,000.
Info: Florida company ordered to pay $73,000 after it fired a remote employee who refused to keep his webcam on all day, 10/10/22.
RTO in the spotlight: Union files unfair labor charge against EEOC
Who was involved: The EEOC, a federal agency headquartered in Washington, D.C., and a federal labor union representing EEOC employees.
What happened: The union filed an unfair labor practice charge after the head of the agency ordered employees who had been working remotely since the start of the COVID-19 pandemic to return to physical offices without first completing a reentry agreement with the union. The Federal Labor Relations Authority later validated the union’s charge that the agency was legally required to negotiate with the union before requiring employees to return to office locations.
Result: The union and agency agreed to resolve the matter via a memorandum of understanding. Pursuant to the memorandum:
- Employees would report to physical offices for three days per biweekly pay period for the first two months of 2023.
- Employees would report to physical offices for four days per pay period starting in March 2023, while the agency and union finalized terms for a permanent telework program.
- A Maxiflex program that offered broader start and stop times for employees was extended.
- The agency agreed to establish a remote work plan that was bargained for with the union.
- The agency agreed to complete joint health and safety inspections of all worksites and fix any problems that were found.
Info: AFGE Council Representing EEOC Employees Resolves FLRA Complaint with Agency over Failure to Bargain Reentry to Physical Worksites, 12/1/22.
Key Takeaways
- Establish who is eligible to work remotely.
- Set clear rules about how much remote work is allowed.
- Ensure that remote workers have all needed equipment and supplies.
- Make it clear that your anti-harassment policy applies to remote work.
- Include provisions regarding rest and meal breaks.
- Set a clear policy addressing reimbursement of expenses.
- Make sure to follow all applicable requirements regarding the posting of notices.
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