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Employer checklist for transitioning to remote work

September 2020 employment law letter
Authors: 
Maria Arakelian, Kathy Dent, and Aaron N. Colby, Davis Wright Tremaine LLP

Many organizations have shifted to remote work to slow COVID-19's spread and promote their employees' health and safety. Remote work is becoming more permanent in the near term, making the "virtual workplace" the new norm. Here is a checklist of legal and practical issues you should consider for a remote workforce.

Implement policy

Employers should put the remote work arrangement's key terms in writing, creating a telecommuting agreement that sets the criteria for eligibility to participate. For example, does the arrangement cover both fulland part-time employees? What about exempt (salaried) and nonexempt (hourly) employees? The criteria also should cover objective factors (e.g., job position/duties) and legitimate nondiscriminatory subjective factors such as length of employment or performance. Other critical matters to cover include:

  • Whether the remote work is temporary or an ongoing arrangement;
  • Whether the work is 100 percent remote or partially in the office;
  • Workspace safety, security, and privacy;
  • Performance and schedule expectations in the remote environment (revise job descriptions to match the remote work requirements);
  • Wage and hour compliance, including timekeeping and breaks; and
  • How the arrangement integrates with other existing employee policies.

Workweek, scheduling, breaks, and timekeeping

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