Employment Law Concerns for Businesses with Remote Workers

 Posted on November 14, 2022 in Business and Commercial Law

According to the U.S. Bureau of Labor Statistics (BLS), just over a third of employers increased remote work opportunities during the COVID-19 pandemic, and 60 percent plan to keep those opportunities in place.  With so many employers and employees alike benefiting from the flexibility of working remotely, it is likely that this trend will continue well into the future. 

However, there are a few employment law concerns that businesses should keep in mind when managing remote workers. If your company currently has remote or hybrid workers or plan to implement remote work in soon, make sure to understand your legal rights and responsibilities as an employer. 

Employment Law Considerations for Employers for Remote Workers

As remote work becomes increasingly popular, employers must ensure that they are meeting all local, state, and federal employment laws.

Some of the most common areas of concern for employers with remote employees include:

• Wages and hours – When workers are off-site, it can be more challenging for employers to keep track of hours worked, overtime, and meal and break periods. It is important to have a clear remote work policy in place that outlines expectations for employees regarding work hours, breaks, and other aspects of the job.
• Out-of-state employees – If your remote employees are based in a different state than your company, you will need to comply with the employment laws of both states. For example, if your business is based in Texas but you have remote employees in Florida, you would need to ensure that you are meeting the wage and hour requirements of both states.
• Benefits – Employers must also ensure that they are providing the same benefits to remote employees as they are to on-site employees. This includes health insurance, retirement plans, and other employee benefits.
• Productivity monitoring – Employers should have a clear policy in place regarding how and when they monitor employee productivity. If employers do plan to monitor remote workers, they should give employees advance notice and obtain consent before doing so.
• Discrimination and harassment – Employers are legally responsible for ensuring a discrimination-free and harassment-free workplace, even for remote employees. This means that employers must take steps to prevent and address any incidents of discrimination or harassment that occur, regardless of where they take place.
• Data security – When employee data is stored remotely, there is an increased risk of data breaches and cyber-attacks. Employers should have a data security policy in place that outlines how employee data will be protected

Contact a Hood County Employment Law Attorney

Remote work comes with certain legal complexities.  If you have questions about your rights and responsibilities as an employer, contact the experienced Hood County business lawyer at Cain & Kiel Law for help. We can answer your questions and help you ensure that you are in compliance with all applicable laws.

Sources:

https://www.shrm.org/resourcesandtools/hr-topics/talent-acquisition/pages/many-employers-some-remote-work-expected-to-last.aspx

https://www.forbes.com/sites/bryanrobinson/2022/02/01/remote-work-is-here-to-stay-and-will-increase-into-2023-experts-say/