Astronology® guest writer, Lillian M. Chavez, Esq. and Managing Legal Research Attorney at Poster Guard Plus™, reveals some of the biggest risks related to managing remote and hybrid workers.
Remote work has become the new normal for many businesses, and it’s creating unique challenges. From posting compliance to FMLA and FLSA considerations, there are several key aspects to address when dealing with remote employees.
Satisfy Posting Compliance Requirements
By law, U.S. businesses must communicate mandatory labor law postings to all employees, including those who work remotely. Fortunately, federal agencies like the Department of Labor (DOL) have indicated that digital postings are an acceptable supplement to hard-copy postings if you employ both on-site and remote workers. Employers should provide electronic postings to any employee who doesn’t visit a posting-compliant work location at least 3-4 times a month.
Complying with posting requirements is particularly tricky if your remote employees work in different states. The laws where an employee works, not lives, typically govern basic employment rights, such as minimum wage, overtime and safety issues.
The structure of your company can further complicate the situation. Your remote employees may be covered by the laws at your primary location and the laws of the state where they work. Because of these various employment relationships, your safest option is to provide multiple sets of state-specific postings to remote workers.
Manage Exempt and Non-Exempt Employees Differently
Managing exempt and non-exempt employees remotely requires different approaches. Here are some key considerations:
Non-Exempt Employees:
- Clarify expected work hours: Clearly outline when employees are expected to be working and when they are off the clock.
- Electronic time tracking: Use an electronic system for clocking in/out if possible — or utilize weekly time sheets.
- Prohibit off-the-clock work: Ensure employees are not responding to work emails or calls, or working through breaks when clocked out.
- Require overtime approval: Make sure overtime work is pre-approved to avoid unauthorized hours.
Exempt Employees:
- Focus on deliverables: Instead of tracking hours, focus on the completion of tasks and overall performance.
- Regular check-ins: Schedule regular meetings to discuss progress and any challenges.
- Flexible schedules: Allow for flexible working hours if the work gets done effectively.
Address Security and Confidentiality Issues
With remote work, maintaining security and confidentiality becomes more complex. Ensure employees use secure, encrypted networks for work purposes, and implement Virtual Private Networks (VPNs) to secure the connection to your company’s network. Establish policies on data protection and confidentiality, and provide regular training on recognizing phishing attempts and other security threats.
Establish Critical Company Policies
Company policies are crucial for managing remote employees effectively. You’ll want to outline preferred communication channels and expected response times, as well as expected work hours and any flexibility allowed. Define performance metrics and evaluation criteria. Detail what equipment the company will provide and what employees are responsible for. Include guidelines on data protection and confidentiality. And make sure employees understand how to maintain a safe and ergonomic workspace at home.
Clarification of FMLA Coverage for Remote Employees
Unsure whether Family and Medical Leave Act (FMLA) coverage applies to your remote workers? The current criteria for FMLA eligibility are:
- Employee has been with the company for 12 months
- Employee has worked at least 1,250 hours in the last 12 months
- Employer has at least 50 employees within a 75-mile radius
But what if a remote employee no longer works within a 75-mile radius of the office? A bulletin from the FMLA specifies that a home office may not be considered a work location; rather, the physical setting that remote employees report to and receive work from is the work location.
This means a remote worker remains eligible for FMLA leave if the reporting office employs 50 or more employees within a 75-mile radius and the worker meets the 12-month and 1,250-hour requirement. In this case, the distance of the remote employee to the primary work location is irrelevant.
Optimize Remote Employee Management
Managing remote employees involves addressing a variety of compliance, security and policy-related issues. By staying informed and utilizing the right tools, you can ensure your remote workforce remains compliant, secure and productive.
To learn more about managing remote work teams, download this free e-guide from Poster Guard Plus™.
Lillian Chavez, Esq., is the lead attorney who manages the in-house legal team for Poster Guard Plus™ — the nation’s leading provider of labor law posting compliance solutions. She oversees a team of attorneys and labor law experts who research posting laws and develop legally compliant solutions. With more than 10 years’ experience, Lillian has extensive practical knowledge advising HR professionals and working directly with customers on labor law posting requirements.