WORK AT HOME POLICIES: Protecting Your Business & Making Sure the Work Gets Done
Many employees have been working from home due to COVID-19. Indeed, under the Governor’s Executive Orders in Minnesota, employees who can work from home must continue to work from home for the time being as a result of the novel coronavirus pandemic.
Many analysts predict that some work-at-home will continue even after COVID-19 wanes. Some companies—ranging from tech companies on the West Coast to large financial companies looking to save money on office rental space on the East Coast—have announced that they will permanently allow some employees to work remotely at least some of the time. In a Gallup poll from last month, one-fifth of employees expressed a preference to work from home permanently.
It is a smart idea for an employer that permits remote work to have a written policy setting boundaries and expectations for the work and to protect the employer from liability.
It is also important for both employers and employees to take precautions to protect information about the busines and its customers from the increased risks of cyber-intrusions and other data security breaches of remote work.
The following are some considerations for the content of a work-at-home policy:
Eligibility for Remote Work. Not every employee can work with little supervision, nor is every position suitable for remote work. In order for employers to avoid inferences of “playing favorites,” the policy should set forth the general requirements that an employee should satisfy to be considered for remote work and require advance managerial approval for such work. The policy should make clear that the business retains the discretion to decide who may work from home and to end work from home at any time as the needs of the business may require.
Performance Expectations for Remote Work. The policy should set forth the job performance expectations for employees who work remotely. For instance, most policies require employees to adhere to regular work hours and to be fully accessible to co-workers, managers, and customers while working. The policy may require employees to notify the home office if they leave the work-at-home site during working hours in the same way they would be required to give such notice while working in the office. Policies often require employees to arrange for dependent care during working hours. The policy may also establish a process for hourly employees to record and submit their work hours so as to comply with state wage and hour work requirements.
The Home Worksite. It is generally advisable to require employees to maintain a designated workspace within their homes within which all work will be performed and to prohibit other members of the household or visitors to access this space during working hours. This serves two purposes. First, it helps to ensure that the workspace is quiet, professional, and suitable for carrying on telephone calls and videoconferences. Second, it helps protect the employer from liability if a household member or visitor is injured in the home during work hours. Most policies prohibit co-workers and customers from visiting the employee’s home for business meetings. Most policies also make clear that the costs of maintaining and/or converting a home office are the responsibility of the employee.
Security and Data Privacy. One of the biggest risks from remote work relates to data security. The work-at-home policy should require employees to follow all employer policies to ensure the confidentiality and security of company and customer data while working remotely. In addition, a significant amount of identity theft occurs through contractors and other individuals who have physical access to a person’s home. Controlling the individuals who have access to a home work space helps to maintain the confidentiality of company and customer data. The company’s IT department should ensure that employees who work remotely have access to appropriate digital security tools, including the use of virtual private networks (VPN) where necessary, and that steps are followed not to expose the company’s networks to viruses. The policy should make clear that company equipment should only be used by the employee for work purposes and should prohibit household members or others from using company-owned computers and electronic devices. The policy should also address the proper disposal of paper records.
Liability. The policy may make clear that the employer does not assume responsibility for injury or property damage to third parties and is not responsible for damage arising out of the unauthorized use of equipment or damage to the employee’s own property or equipment. The policy also may make clear that the company is not responsible for providing insurance to cover the home office.
These are just a few of the things to be considered for employees who work remotely. An attorney can help to prepare a work at home policy that works for your industry and business.
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Swanson Hatch, P.A. is a Minneapolis law firm that represents businesses and individuals in civil and commercial matters. The law firm was founded by two former Minnesota Attorneys General: Mike Hatch and Lori Swanson, who consecutively served as Attorney General of the State of Minnesota for 20 years, from 1999 to 2019. Lori Swanson served as Attorney General from 2007 to 2019. Prior to that, she served as Solicitor General of the State of Minnesota and Deputy Attorney General. She was previously Chair of the Federal Reserve Board’s Consumer Advisory Council in Washington, D.C. Mike Hatch served as Attorney General from 1999 to 2007. Prior to that, he served as Commissioner of the Minnesota Department of Commerce for seven years. Hatch and Swanson have handled and supervised thousands of regulatory enforcement cases. They may be reached at 612-315-3037. Visit their website at www.swansonhatch.com.
www.swansonhatch.com
431 South Seventh Street, Suite 2545
Minneapolis, MN 55415 612-315-3037
The materials in this article are for informational purposes and do not constitute legal advice, nor does your unsolicited transmission of information to us create a lawyer-client relationship. Sending us an email will not make you a client of our firm. Until we have agreed to represent you, nothing you send us will be confidential or privileged. Readers should not act on information contained in this article without seeking professional counsel. The best way for you to inquire about possible representation is to contact an attorney of the firm. Actual results depend on the specific factual and legal circumstances of each client’s case. Past results do not guarantee future results in any matter.
Protecting Your Business & Making Sure the Work Gets Done
Many employees have been working from home due to COVID-19. Indeed, under the Governor’s Executive Orders in Minnesota, employees who can work from home must continue to work from home for the time being as a result of the novel coronavirus pandemic.
Many analysts predict that some work-at-home will continue even after COVID-19 wanes. Some companies—ranging from tech companies on the West Coast to large financial companies looking to save money on office rental space on the East Coast—have announced that they will permanently allow some employees to work remotely at least some of the time. In a Gallup poll from last month, one-fifth of employees expressed a preference to work from home permanently.
It is a smart idea for an employer that permits remote work to have a written policy setting boundaries and expectations for the work and to protect the employer from liability.
It is also important for both employers and employees to take precautions to protect information about the busines and its customers from the increased risks of cyber-intrusions and other data security breaches of remote work.
The following are some considerations for the content of a work-at-home policy:
Eligibility for Remote Work. Not every employee can work with little supervision, nor is every position suitable for remote work. In order for employers to avoid inferences of “playing favorites,” the policy should set forth the general requirements that an employee should satisfy to be considered for remote work and require advance managerial approval for such work. The policy should make clear that the business retains the discretion to decide who may work from home and to end work from home at any time as the needs of the business may require.
Performance Expectations for Remote Work. The policy should set forth the job performance expectations for employees who work remotely. For instance, most policies require employees to adhere to regular work hours and to be fully accessible to co-workers, managers, and customers while working. The policy may require employees to notify the home office if they leave the work-at-home site during working hours in the same way they would be required to give such notice while working in the office. Policies often require employees to arrange for dependent care during working hours. The policy may also establish a process for hourly employees to record and submit their work hours so as to comply with state wage and hour work requirements.
The Home Worksite. It is generally advisable to require employees to maintain a designated workspace within their homes within which all work will be performed and to prohibit other members of the household or visitors to access this space during working hours. This serves two purposes. First, it helps to ensure that the workspace is quiet, professional, and suitable for carrying on telephone calls and videoconferences. Second, it helps protect the employer from liability if a household member or visitor is injured in the home during work hours. Most policies prohibit co-workers and customers from visiting the employee’s home for business meetings. Most policies also make clear that the costs of maintaining and/or converting a home office are the responsibility of the employee.
Security and Data Privacy. One of the biggest risks from remote work relates to data security. The work-at-home policy should require employees to follow all employer policies to ensure the confidentiality and security of company and customer data while working remotely. In addition, a significant amount of identity theft occurs through contractors and other individuals who have physical access to a person’s home. Controlling the individuals who have access to a home work space helps to maintain the confidentiality of company and customer data. The company’s IT department should ensure that employees who work remotely have access to appropriate digital security tools, including the use of virtual private networks (VPN) where necessary, and that steps are followed not to expose the company’s networks to viruses. The policy should make clear that company equipment should only be used by the employee for work purposes and should prohibit household members or others from using company-owned computers and electronic devices. The policy should also address the proper disposal of paper records.
Liability. The policy may make clear that the employer does not assume responsibility for injury or property damage to third parties and is not responsible for damage arising out of the unauthorized use of equipment or damage to the employee’s own property or equipment. The policy also may make clear that the company is not responsible for providing insurance to cover the home office.
These are just a few of the things to be considered for employees who work remotely. An attorney can help to prepare a work at home policy that works for your industry and business.
Swanson Hatch, P.A. is a Minneapolis law firm that represents businesses and individuals in civil and commercial matters. The law firm was founded by two former Minnesota Attorneys General: Mike Hatch and Lori Swanson, who consecutively served as Attorney General of the State of Minnesota for 20 years, from 1999 to 2019. Lori Swanson served as Attorney General from 2007 to 2019. Prior to that, she served as Solicitor General of the State of Minnesota and Deputy Attorney General. She was previously Chair of the Federal Reserve Board’s Consumer Advisory Council in Washington, D.C. Mike Hatch served as Attorney General from 1999 to 2007. Prior to that, he served as Commissioner of the Minnesota Department of Commerce for seven years. Hatch and Swanson have handled and supervised thousands of regulatory enforcement cases. They may be reached at 612-315-3037. Visit their website at www.swansonhatch.com.
www.swansonhatch.com
431 South Seventh Street, Suite 2545
Minneapolis, MN 55415
612-315-3037
The materials in this article are for informational purposes and do not constitute legal advice, nor does your unsolicited transmission of information to us create a lawyer-client relationship. Sending us an email will not make you a client of our firm. Until we have agreed to represent you, nothing you send us will be confidential or privileged. Readers should not act on information contained in this article without seeking professional counsel. The best way for you to inquire about possible representation is to contact an attorney of the firm. Actual results depend on the specific factual and legal circumstances of each client’s case. Past results do not guarantee future results in any matter.
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Swanson | Hatch, P.A.
431 S. 7th Street, Suite #2545
Minneapolis, MN 55415
612-315-3037
www.swansonhatch.com