Pat yourself on the back, you have been running a small business, during a pandemic for almost a year now. Remaining aware and compliant with the vast amount of changes in workplace laws and regulations due to employees being remote has been challenging and confusing at times. Never before have we seen such a shift from on-site work to remote work, these tremendous changes bring various challenges for employers to remain compliant and safe from litigation. We have rounded up the top issues employers are faced with when running a remote workplace.
Harassment and Discrimination
Working remotely does not prevent employees from being harassed or discriminated against during their workday. Employers still have an obligation to protect their employees against harassment and discrimination while they carry out their job duties for their employer from their new workplace; home. Employees can be subject to harassment and discrimination while working remotely on virtual meetings or through text or messaging applications. The nature of these means of communication can promote casual behavior where employees may find it tempting to drop their professionalism. Employers should communicate clearly what behavior is prohibited and encourage employees to report any inappropriate behavior to HR for investigation.
Employers should also remember California requires all staff receive Sexual Harassment training every other year. New employees need trained within 6 months and temporary employees need trained within 30 days. Platinum HR offers this training online at a low cost.
Wage & Hour Issues
Working remotely as an hourly employee can be very challenging at times, but even more challenging for the payroll department. First, ensure your employees are properly classified as exempt or non-exempt depending on the job duties they engage in being remote. Ensure all employees that are non-exempt are following the labor laws set forth by their state or local region. Some employers allow their employees to work from anywhere – any state. Ensure they update their address in your payroll system to allow for proper taxation and wage and hour compliance. Correctly recording when employees are on the clock versus off the clock will be a challenge. Ensure employees are properly trained on the policies and processes put in place to correctly record these times and follow up to see these are being followed. Ensure you have solid policies for working off the clock and timekeeping.
Give us a call if your timekeeping policies need to be updated to remain compliant with remote work.
Home Office Expenses
Yes, you need to pay for your employee’s internet, not all of it though. Employers are expected to cover the necessary costs associated with carrying out the employee’s job duties. Could the employee do their job without the internet? If the answer is no, then the employer needs to cover a reasonable portion of the employee’s home office costs. A taxable home office stipend per month to cover the internet, power, desk supplies, etc is an easy way to remain compliant in this area. Be sure to have a solid policy that backs this up and outlines how it is administered and to be used.
Workplace Safety
Employers are still liable for their employees getting injured while working, even at home during a remote workday. Communicating to your employees what a proper workspace looks like, with proper ergonomics is a good start. If employees are modeling improper ergonomics on video conference meetings, let them know how they can fix this and better yet – send them the proper set up they might need. Be familiar with what is considered a workplace injury and the necessary steps to take to handle these claims if they arise.
Build a Little Culture
Working remotely can cause teams to start working in silos or feel isolated and disconnected from one another. Without the organic hallway conversations and collaborative lunches we once enjoyed while working onsite, employees working remotely can feel isolated quickly. Providing employees with breaks to chat with each other or collaborate with one another can help break down these remote workplace barriers and give employees an opportunity to collaborate with one another outside of their functional teams. Building in thirty minutes for your team to attend luncheons, trivia games, happy hours or scavenger hunts can help break up the day and give employees a chance to relax with one another.
It is a good time to update your employee handbook to reflect the cultural and legal changes that have changed the workplace over the last year.
