what documents do we need to work for usa company remotely

The COVID-nineteen pandemic is the ultimate game-changer that has turned many things, especially business organisation, on its head.

In response, nigh companies are implementing work-from-home-arrangements for employees and so they tin can go along things running.

Along with all the cautions nearly online scams and email phishing, some other pitfall awaits: It's possible that without a legally sound remote work policy, your efforts can unexpectedly create big legal problems for y'all.

Creating an closed policy

Not only will audio work-from-dwelling policies keep employees on track while working offsite, but they'll assistance avoid potential legal issues that can arise from remote piece of work.

Hither are five legal pitfalls you'll want to look out for when drafting a remote work policy.

i. FLSA violations. I of the well-nigh obvious issues with remote employees is it'southward hard to know how many hours they're actually working out of the office.

If your workers are salaried and exempt from overtime, this isn't a large deal: they'll get paid the same regardless of how many hours they put in at home. But if your employees are paid by the 60 minutes and are eligible for overtime, FLSA violations could be 1 dial of the time clock away.

Fifty-fifty if you instruct your employees to not exceed 40 hours a calendar week, they however must be paid overtime if they do. And keeping tabs on their activeness is significantly more difficult when they're out of the function.

But there are ways yous can keep them on rails. At the get-go of each remote twenty-four hours, enquire what the employee will be working on, with whom, and what hours they're agile.

Another skilful idea is setting hours when no employee should be checking email or logging onto their computers, or doing whatever other common, piece of work-related activities.

2. Discrimination/Disability-related problems. Remote workers tin can easily get "out of sight, out of mind" employees. Simply this undesirable management habit tin can take serious fallout.

For example, say your remote workers are primarily women caring for their children and disabled employees who need to work from home as their ADA accommodation.

If you don't offer these remote workers the same support and opportunities for advancement as your in-office workers, you could be faced with sex bigotry and disability discrimination lawsuits.

To avoid this, your policy should talk over remote workers' right to training, promotions and visibility.

3. Piece of work surround obligations. Just because an employee isn't working in the office doesn't mean an employer isn't responsible for their health and safety.

Before granting an employee permission to work from home, an employer should make up one's mind remote workers' environments are suitable for getting the job done and don't pose whatsoever undue risk.

Think: If an employee gets hurt on the chore, fifty-fifty if they aren't in the office, the employer could still face legal consequences.

4. Data security concerns. When employees start doing business outside the office and on mobile devices, a whole host of new security concerns pop up.

To assist control potential breaches, it'due south best to restrict remote employees' ability to print or download confidential documents.

It's likewise a good idea to remind remote workers of the security dangers of working in public spaces.

5. Worksite closures. Something else you lot'll desire spelled out in your policy is what remote workers are supposed to do when the visitor or worksite is closed, for instance, from a atmospheric condition event or ability outage.

If some employees end up working when the company isn't open, those employees are almost likely owed wages. It's important to clarify what's expected of remote workers in this situation.

A large business organization with assuasive employees to work from home is that others will want to do so, also.

Just that topic was raised at a contempo Labor & Employment Police force Avant-garde Practices symposium. An attendee asked:

"1 of our managers has begun working from dwelling more than frequently. Nosotros don't approve, but what can we do nigh information technology?"

Attorney Dan Kaplan, of Foley & Lardner LLC in Madison, WI, offered this unique carrot-and-stick approach.

"Tell him most people like to get abroad from barking dogs and crying children by coming into the role occasionally," Kaplan suggested. "But if things don't turn around, field of study is in guild – especially if the job isn't designated for off-site piece of work."

8 General Rules

While these are the five areas that tend to get employers into legal trouble, hither are viii general-rule-areas every adept policy should embrace.

1. Eligibility: Make up one's mind what positions are eligible to piece of work remotely, and state them in your policy. If you have no remote-compliant positions state that from the beginning, eliminating any futurity requests or inquiries about remote work.
2. Availability: If you permit remote work, and so availability expectations should be outlined in the policy. Whether it's instating a blanket 9 a.m. to five p.k. piece of work requirement, or letting employees set their own schedules, either should be put in a policy.
3. Responsiveness: Define whether a remote employee is expected to respond to a co-worker immediately, and also specify what modes of advice should be used.
4. Measuring productivity: Remote piece of work policies should specify how an employee's productivity will exist measured.
5. Equipment: Remote workers need the right tools to complete their piece of work. Therefore, companies demand to land what equipment they are willing to offer to these employees. If they look employees to provide their ain computers, for example, then they need to specify that.
6. Tech back up: Specify what tech support will exist offered to remote workers. Outline what remote employees are expected to do when having technical difficulties, and then there is a plan of activity.
7. Concrete environment: For health and prophylactic, some employers adopt or require an employee's concrete environment to be approved prior to working remotely.
8. Security: When information is taken out of the office, security is not guaranteed. Employees demand to be extremely careful when doing work in public and rules must be put in place to guarantee electronic security and proper disposal of newspaper.

Additional resource

Join Premier Learning Solutions for these timely workshops:

Coronavirus & Remote Piece of work: Pivoting from Bricks to Clicks , available on demand. Bring together internationally-recognized business consultant Michelle Coussens to get tools and information to help your organization make the jump from having employees work in the office to working remotely from home – while minimizing reanimation and anxiety and maximizing productivity.

Coronavirus in the Workplace: Employers' Duty to Protect Employees, available on demand. Join Adele 50. Abrams, Esq., a nationally recognized authority on Occupational Prophylactic and Health law for this threescore-minute plan explaining what OSHA requires from employers, and steps you can accept to protect workers.

and much more

Rich Henson, a member of the HRMorning staff, has spent the past two decades developing strong 60 minutes and Management content that helps guide successful leaders forward with confidence. He is a former editor and reporter with The Philadelphia Inquirer.

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Source: https://www.hrmorning.com/articles/drafting-remote-work-policy-5-legal-pitfalls/

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