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Issues to consider before transitioning to permanent remote workforce

September 2020 employment law letter
Authors: 
Gene R. La Suer and Maggie A. Hanson, Davis Brown Law Firm

The COVID-19 pandemic may have permanently changed the future of work. From banking to insurance and the legal industry, employers have embraced remote work for employees. Before March 2020, many companies allowed only a select few people to work remotely—typically exempt employees who travel. Now, they’re permitting more employees to work from home. Some businesses like Nationwide Insurance are reducing their office footprint as they let more people stay home. Before you allow more employees to telework, however, here are some important employment law aspects to consider.

Establish policies based on clear criteria

First, you must have a plan and specific policy in place addressing the remote workforce. The plan should identify which workers may work remotely and establish guidance for the work. In establishing who may work remotely, be mindful of discrimination laws to ensure there’s no selection that could be viewed as biased.

Your remote workforce policy should address security, expectations, and workload issues. Study each job that will be allowed to happen remotely to be sure the standards and expectations are reasonable. You should base eligibility for the remote work on clear criteria and reserve the right to terminate the policy at your discretion.

In implementing a remote work policy, you should:

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