COVID has changed the way people work and brought huge changes to the work models nowadays. While the details may vary for different companies, one thing is certain: the future is for a blend of flexible on-site and remote work.
How to Manage Hybrid and Remote Workers
With the new work models many companies are using, human resource (HR) leaders need to carefully consider how to ensure they will meet increased compliance requirements that coincide with hybrid options.
Some of the biggest risks and claims that arise are from issues where oversight and control are diminished, as a result of employees no longer working in a physical office.
Consider the following compliance challenges that companies offering remote or hybrid work commonly struggle with.
Compliance Challenges for Hybrid and Remote Workers
Harassment, Discrimination, and Retaliation
Harassment and discrimination are issues that surface as employees work autonomously - or, just as easily in the case of remote work, in virtual spaces.
Employees tend to be more comfortable when communicating digitally, which could lead them to say unprofessional or inappropriate things through email or instant messaging channels.
To counteract these issues, HR leaders should make sure that both written policies and communications to the entire workplace set appropriate expectations. Consider holding a virtual meeting to remind employees of policies.
Employees need to understand that the normal rules relating to harassment, discrimination, bullying, and retaliation do not cease to apply simply because they are working remotely.
Wage and Hour Discrepancies
Less oversight also means more difficulty tracking hourly work. HR leaders may find it challenging to accurately record the hours of non-exempt employees who are eligible for overtime pay – especially when both employers and employees are increasingly embracing more flexible hours.
If a remote worker brings a claim of denied overtime pay, employers that have not kept proper documentation may find themselves without a record to help back up their actions.
As is the case for other employee oversight challenges, communication, and record-keeping are key for wage compliance. HR leaders should focus on developing processes and procedures as a best practice to make sure that employees are accurately reporting all of the hours they are working.
Companies should also ensure that there is a complaint procedure or mechanism that allows employees to raise an issue or complaint in real time.
Workers' Compensation
Workers' compensation tends to be a very localized challenge governed by state rather than federal laws. Employers should review the most recent laws and cases within their jurisdiction to understand how at-home work applies. Just because an organization has not set up the environment at an employee's home, HR leaders should not assume that a workers' compensation case will not be relevant. To the extent that you know someone is getting injured or there is some repetitive stress from sitting at a computer and typing all day while an employee is performing work from home, it may become a covered workers’ compensation issue.
As with interpersonal behavioral and wage compliance issues, employers can help forestall worker injuries by establishing clear guidelines and policies for work-related physical expectations. They also can provide workers with tools to set up ergonomic workstations and provide budgetary support to help workers establish home offices.
Tips for Hybrid and Remote Work
Though businesses should take on these issues on a case-by-case basis, they should have a plan in place to guide decisions and determine the need for the following potential solutions.
Technology Policy Updates
In preparation for full/partial office returns or hybrid work, organizational leaders should proactively examine their company risk posture, including everything from requests for Wi-Fi passwords for unapproved devices to hybrid work environment assessments. Organizations that have an idea of not only how their employees have been working remotely but how they are likely to do so in the office will have a head start.
Employee Handbook Review
Employers with employees working even a portion of their time from home may need to make some immediate and permanent changes to their handbooks. This includes addressing compliance liability and the new workforce reality – setting clear expectations, encouraging successful behaviors, ensuring fair treatment for employees, and reducing the risk of compliance issues and litigation.
Health and Safety Training
Maintaining a healthy work environment is in everyone’s best interest, as it will boost employee morale, establish trust and confidence among coworkers and the public, and allow businesses to emerge from this unprecedented public health crisis stronger and more prepared for the future. Organizational leaders should follow the latest federal and state guidelines as they seek to bring employees back to on-site work locations.
Ultimately, it is important to listen, reinforce kindness during the process, and involve employees in mapping out the solutions to each work environment challenge.
Get Help with Managing Hybrid and Remote Workers
Employers can also reach out to our HR consulting experts to ensure compliance when managing hybrid and remote workers and everything in regard.
To learn more about how Payday HCM is already helping companies adjust to the needs and complications of remote and hybrid work, contact us today.
