Things are not fine. Like really not fine. Work is not normal. Employees are trying to take care of their kids, work, find toilet paper (and other household goods), and maintain some kind of normalcy in light of the COVID-19 pandemic.
Remote work is a benefit that a lot of employees want in normal times. In the time of COVID-19, remote work is a smart way to protect employees that do not physically need to be present at work. Prior to this outbreak, CNBC published an article and stated that one “Gallup survey found that 43% of Americans work from home occasionally and according to Quartz ‘5.2% of U.S. workers completely worked at home in 2017.”’
Many people desire to work from home, but the coronavirus has given many employees the chance they never had before. The result of the COVID-19 pandemic may indeed include a surge of flexibility for workers and greater opportunities for them to work from home.
For those of you that are concerned about the effects on the productivity of your workforce. One company did a two-year experiment with its employees. It had one group work from home and another group came into work. As stated by Scott Mautz on Inc. Magazine, they found:
[An] astounding productivity boost among the telecommuters equivalent to a full day’s work. Turns out work-from-home employees work a true full-shift (or more) versus being late to the office or leaving early multiple times a week and found it less distracting and easier to concentrate at home.
Additionally (and incredibly), employee attrition decreased by 50 percent among the telecommuters, they took shorter breaks, had fewer sick days, and took less time off. Not to mention the reduced carbon emissions from fewer autos clogging up the morning commute.
However, 50% of the workers did not want to work from home all the time as they did not like the isolation. Employees want the opportunity to get to know their coworkers and be a part of the team. It may be best for employers to limit remote work to 2 or 3 days per week while requiring employees to come into the office for the other days.
However, for now we are isolated and if we are working, it’s likely from home. With the current pandemic in full swing, here are some things to consider right now.
Managing Remote Work
Managing employees when you see them on a daily basis is difficult enough. It becomes even more tricky to manage employees that you do not see (especially in light of the lockdowns from the coronavirus).
To manage employees properly, you must set clear expectations. For some employees, this will be relatively easy. A lawyer may be expected to answer emails, phone calls, and draft motions just like they would normally do in the office. Little may change for them. It looks different for other employees. Some employees that are a part of teams or work closely with other employees regularly may need to set up Zoom, Microsoft teams, or other video conference meetings to discuss their progress, reassign projects, and determine how everything will be integrated with what work has been done.
There are many ways that companies attempt to monitor employee progress and assign tasks.
- Some are using software to track when an employee is active at the computer. These usually measure when an employee is active on their computer, but often does not give much more useful information.
- Other companies are having employees make a report back to their managers at the end of each day with the work that they completed.
- More tech savvy companies are using project management software like Trello to assign and manage projects. One positive thing that may come out of this is that more companies may recognize various tools that they can use to assign projects to individuals that will hopefully allow more employees to work remotely.
Maintaining Culture
One of the biggest problems with remote work is learning how to intentionally and thoughtfully maintain a workplace culture that is welcoming without employees being in the same place. People can quickly tell whether someone actually cares about them and whether they are a part of the team. There are a lot of horror stories about companies neglecting remote employees especially during the onboarding process. In light of the pandemic, showing your employees you actually care about their well-being and the well-being of those they love is pivotal. Managers need to ask employees how they are doing; they should ask whether their kids and loved ones are okay and if there is anything they can help with.
Managers need to have ways to connect with the employees. They should have meetings with the employees, encourage employees to openly communicate, and give employees the opportunity to provide feedback to managers on how things are going and whether any changes need to be made to the work. Supervisors must set expectations on how employees should communicate with them (is there a set time to call or contact them when they will be able to separate themselves from any family members that are nearby). Companies should also set up a virtual place for employees to communicate (like a Slack channel). A slack channel or other platform is a great way for employees to have a virtual water cooler to be able to keep in contact with each other (even sharing gifs and other funny images).
Some employees may not want to tell their bosses their issues over the phone or by email. You need other ways to solicit feedback from employees in an anonymous way. https://www.sli.do/ and similar anonymous polling software can be a great way to have employees share information that they may feel uncomfortable about or are afraid that someone may retaliate against them.
Companies should also reiterate that their Human Resources personnel is available to address any problems. HR should also reach out and connect with employees that are now working remotely. It is HR’s job to discover and address employee issues and concerns. The only way to do this effectively for remote workers is for HR to reach out to them. There is no longer an opportunity for employees to walk into HR’s office or to bring up an issue as HR personnel are walking throughout the facility.
Employers may also benefit from virtual town halls where they give messages to their employees about the direction that the company is going in and address employment concerns that are relevant for all employees. A platform like sli.do also allows employers to gather questions in real time or before an event, and allows employees to submit both with their name or anonymously.
It may be harder to keep tabs on what employees are feeling and how well they are doing in the current situation. You need to encourage them to let you know what they need especially now. It is a very difficult time for a lot of employees. Even if the employees are not afraid of losing their jobs, they may have a spouse that lost a job or a family member that is having problems. Supervisors need to let their team members know that employees can talk with them with any concerns.
Remote Employee Pay Issues
Many companies are struggling with managing pay issues for employees that have never done remote work.
For salaried exempt employees your pay structure does not change when they work remotely. They are guaranteed the same salary no matter the number of hours that they work (that is assuming that they do any work in a week and a limited exception does not apply).
One of the main issues with nonexempt salaried employees is making sure that they do not work over 40 hours a week. Time tracking software is essential to ensure that the employee is not working more time than they are supposed to work or that they are compensated if they are working. Some companies have installed software on computers to do this and many programs can be installed remotely if the employee was recently given a computer.
The biggest problem comes from what should be done with hourly workers. Off the clock work can be incredibly problematic and difficult to track. All companies should have a written policy that states that these employees are not to work off the clock, must report their hours accurately, and cannot work overtime without approval. Employees should sign and date this policy. Employers still need to pay employees that work overtime without approval but can discipline the employee.
Again, timekeeping software is the best option to measure how long these employees work, but other methods (including employees tracking and reporting their own hours) can be used if the software cannot be bought and set up.
Confidential Information
One of the most important considerations for companies that have telecommuting employees is protecting information. This not only means making sure that a hacker does not steal the information, it also means that employees do not take confidential information. Companies must be careful with how employees are transmitting information at home. Many programs have remote logins that can be used to securely view sensitive information even when the person is on their personal Wi-Fi.
All companies should take steps to protect their data by having a cybersecurity policy, purchasing and encouraging employees to use a virtual private network (more commonly known as a VPN), and installing encryption software on company computers.
I-9 Verification Issues
Every employee must fill out an I-9 when they are first hired. Employers normally cannot complete the I-9 form remotely. Companies must review the applicant/new hire’s documents in person. With COVID-19 (the Coronavirus) raging, this is one rule that has been relaxed. Remote workers no longer need to present documents physically. Companies can now view the documents through video and write COVID-19 as the reason for the delay in physical inspection on the relevant part of the I-9. They will need to review the documents physically once this disaster is over.
You can read more about I-9 issues in this past article I wrote here.
Workplace Injuries at Home
OSHA, Remote Work, and COVID-19
OSHA requires employers to keep safe workplaces. However, OSHA has said: “OSHA will not conduct inspections of employees’ home offices. OSHA will not hold employers liable for employees’ home offices, and does not expect employers to inspect the home offices of their employees.”
Employers that allow employees to work at home should have a policy that requires telecommuters to state that they have a dedicated workspace where they can work at home and that the space is safe. In these current times, it is probably not possible to ensure that telecommuters have such a space, so companies must be aware of this risk.
Workers Compensation Issues
An employee that is injured when working from home could be entitled to workers compensation. An employee injury is typically covered by workers compensation insurance if the injury “arises out of and in the course of employment, regardless of the location the injury occurs.”
One of the most unbelievable workers compensation cases, was the case of a French man who died from a heart attack after having sex with a stranger on a business trip. A court found that his company was liable and his death was a workplace injury since it occurred on a business trip. The result likely would have been different in the US.
In the current case of remote workers, tripping over their dog could be an injury that would entitle them to worker’s compensation coverage or stepping and subsequently tripping on a Lego (which hurts a ton more than it should). Basically, the employee’s home is now their work environment and companies may be liable for injuries that occur there. Many companies need to check their coverage to ensure that these injuries are covered under their current policy.
One suggestion by SHRM to minimize liability for these injuries is to “[s]et fixed work hours and meal and rest periods for telecommuters. Doing so can help establish whether an injury was ‘in the course of’ employment.”’
Conclusion
These are not normal times to conduct remote work. Many companies are trying their best to quickly address issues as they arise and that really is the most important thing that they can do. All companies need to work with their employees, take feedback from them to improve the current remote work situation, and adjust the way that they are managing based on feedback. The next couple of months will offer a great opportunity for companies to improve their telecommuter policies and practices which ultimately will make many businesses better.
The information provided in this blog is for educational purposes only and is not legal advice. If you need legal advice, then you should speak with a lawyer about your specific issues. Every legal issue is unique. A lawyer can help you with your situation. Reading the blog, contacting me through the site, emailing me or commenting on a post does not create an attorney-client relationship between any reader and me.
The information provided is my own and does not reflect the opinion of my firm or anyone else.