Articles

Time To Consider a Remote Work Mini-Handbook?

By March 2020 the COVID-19 pandemic caused an unprecedented emergency in every American workplace. Overnight, literally millions of employees became remote workers with employers scrambling just to keep the doors open. There was no time to prepare guidelines describing the expectations and unique challenges of the new remote environment. But there is time now, and the well-advised employer should do so. 

We are assisting employers in preparing remote-worker mini-handbooks, especially limited to the special circumstances and legalities of remote work. The issues recommended in the mini-handbook format can generally include:

• Accountability Expectations: Remote work is not “flex-time.” A specific schedule should be established, describing expected response times for e-mails, texts and phone calls.
• Clarity as to Competing Commitments: For most employees, remote work should not be a substitute for adequate childcare, or a green light for unlimited performance of extended personal activities. The concept of a “day’s work for a day’s pay” should find some subtle level of articulation.
• Equipment Care and Protection: Guidance should be provided for addressing technical issues and equipment care. Clarity should be provided explaining that provided equipment should only be used for business purposes and not used for downloading outside programs or personal information.
• Confidentiality: With information outside of the brick and mortar protection of a traditional office, commitment to confidentiality should be stressed. Screens should not be left open for viewing and equipment should be  protected from theft. Caution should be offered concerning the use of unsecured public internet connections.
• Equipment Return: With employees being provided thousands of dollars of hardware equipment, strong language is necessary to enforce immediate equipment return upon termination, especially in adversarial situations. An employer does not have an automatic legal right to withhold final paychecks in most States without express language to that effect in the event of failed equipment return.
• Choice of Law: With the advent of multistate employment, and different employment laws in each state, it is absolutely necessary to affirmatively state which State’s law will apply in determining the rights and obligations of the employee. By example, different states have different laws concerning non-competition, leave time entitlements and employee record inspection rights.
• Choice of Forum: Finally in the context of multistate employment, it is highly advisable to affirmatively state that any litigation arising out of the employment will occur in the employer’s most convenient state. By example, an employer should not place itself in a position to have to travel to California or Alaska if successfully employing an employee in one of those states.
   

Remote work is here to stay, accelerated in its inevitability by Covid-19 by at least a decade. Now is the time to consider a consolidated guidance – a mini-handbook for remote workers – responding to this new and unique modality. Our Labor & Employment section can assist you in this project.

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The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.