This is the third and final installment of our remote work series. Remote work arrangements are now a permanent feature of many workplaces, and legal, operational, and compliance issues should be addressed in writing.
This post provides a practical checklist of provisions employers should consider including in a general remote work policy applicable across the organization and corresponding remote work employee agreement signed by individual employees approved for remote or hybrid work.
While the specific content will vary depending on industry, workforce size, confidentiality concerns, and applicable state laws, the following framework can help employers identify key issues to address.
Elements to Include in a Remote Work Policy
- Statement of Purpose and Scope
- Whether remote work is a standard practice, temporary arrangement, or discretionary benefit;
- Which employees or positions may be eligible;
- Whether the policy applies to fully remote, hybrid, or occasional remote work arrangements;
- That remote work arrangements are subject to business needs; and
- That approval for remote work is not guaranteed and may be modified or revoked at the employer’s discretion.
- Eligibility Criteria
- Job duties and operational requirements;
- Employee performance history;
- Attendance and disciplinary record;
- Ability to work independently;
- Confidentiality or security concerns;
- Technology capabilities; and
- Identify specific positions that are categorically ineligible for remote work.
- Approval Process
- How employees request remote work;
- Required forms or documentation;
- Management approval procedures;
- Any trial or probationary period;
- Periodic review requirements;
- The requirement that employees sign a remote work agreement before beginning any remote work arrangement; and
- Interval of renewal of remote work approvals, if any,
- Work Hours and Availability Expectations
- Standard working hours;
- Core availability periods;
- Meal and rest breaks;
- Timekeeping procedures for non-exempt employees (this is a significant compliance pitfall; emphasize for nonexempt employees’ time keeping obligations);
- Overtime approval requirements;
- Response time expectations for emails or messages;
- Attendance at meetings or in-office events; and
- The employer’s right to modify or revoke remote work arrangements at its discretion based on business needs, performance concerns, operational requirements, policy violations, or other legitimate business considerations.
- Performance and Productivity Expectations
- Performance standards;
- Productivity expectations;
- Deadlines;
- Communication requirements;
- Workplace conduct rules;
- Expectations regarding video conferencing participation (camera on) and responsiveness during working hours; and
- Reserve the right to utilize productivity tracking tools, monitoring software, electronic activity logs, system access reports, timekeeping technologies, or other lawful monitoring methods to evaluate productivity, performance, attendance, system usage, information security compliance, and adherence to company policies while employees are working remotely.
Elements to Include in a Remote Work Employee Agreement
- Identification of Approved Work Arrangement
- Whether the arrangement is fully remote or hybrid;
- Approved workdays;
- Approved work location(s); and
- Expected schedule.
- Acknowledgment that Remote Work Is Not Guaranteed
- Remote work is discretionary;
- The arrangement may be modified or terminated;
- Business needs may require in-office attendance; and
- Employment remains at-will, where applicable.
- Work Hours and Timekeeping Obligations
- Scheduled working hours;
- Availability requirements;
- Overtime authorization rules;
- Timekeeping responsibilities; and
- Meal and break compliance.
- Equipment Acknowledgments
- Equipment provided by the employer;
- Employee responsibilities for safeguarding equipment;
- Restrictions on personal use;
- Return obligations upon request or separation; and
- Responsibility for damaged or lost equipment.
- Confidentiality and Security Obligations
- Maintain confidentiality;
- Follow cybersecurity protocols;
- Use secure networks;
- Prevent unauthorized access to company information;
- Immediately report security incidents; and
- Incorporate existing confidentiality agreements by reference.
- Workspace Certification (have employee acknowledge with initials)
- Area of work is safe and suitable for work;
- Space complies with company requirements;
- Space allows for confidential conversations where necessary;
- Space meets ergonomic and safety standards;
- Space provides work separate from other home responsibilities, including childcare.
- Injury Reporting Obligations
- Require prompt reporting of any work-related injuries or incidents occurring during remote work. (Cross reference workers’ compensation and safety policies)
- Expense and Reimbursement Terms
- Approved reimbursable expenses;
- Documentation requirements;
- Any stipends provided; and
- Non-reimbursable personal expenses.
- Confirm Compliance with Company Policies
- Confidentiality policies;
- Anti-harassment policies;
- Information security policies;
- Code of conduct requirements; and
- Performance expectations.
- Reserve a Limited Right to Inspect or Audit
- Inspect company equipment;
- Verify compliance with security requirements; or
- Investigate safety or compliance concerns.
- Tax and Jurisdictional Compliance
- Disclose work location changes;
- Obtain approval before relocating; and
- Cooperate with payroll or tax compliance requirements.
- Return of Property and Termination Procedures
- Return company equipment (process and procedure for);
- Revoke system access;
- Delete company data from personal devices;
- Return hard copies of documents; and
- Finalize remote work arrangements upon termination or resignation.
This content is for educational and informational purposes only. Nothing in this blog creates an attorney-client relationship or constitutes legal advice. Even where circumstances may appear similar, legal issues are highly fact-specific and readers should obtain advice tailored to their situation.
For more information on this and other employment compliance issues, please contact Neva Stotler or Anna Truckley.
