Employee Handbook 2022: Policies Companies With Hybrid Workplaces Should Consider

How to ensure compliance with federal, state, and local laws

For many companies, the covid-19 pandemic has brought about numerous changes. One of the most significant changes has been the adoption of remote work. Although some companies have adopted remote work with no intention of ever returning to a physical office, many companies have chosen instead to incorporate traditional in-office work and remote work options for employees, thereby adopting what is known as a hybrid workplace model.

When it comes to the all-important employee handbook, handbooks for hybrid workplaces should include all the usual policies plus additional policies to address particular issues related to remote work. Here is a list of policies that companies with hybrid workplaces should consider including in their employee handbooks. These policies can be encompassed under a larger remote work or telecommuting policy.

Specify which employees are eligible for remote work. If not all employees are allowed to work remotely, or some are allowed more flexibility in the number of days they can work remotely, outline this in a policy. Additionally, consider whether remote work is a revocable privilege or a guarantee. Companies who view remote work as a privilege may decide to periodically evaluate their remote work policy – either as a whole or on an individual basis –and modify or completely revoke remote work privileges as needed. It is a good idea for companies to clearly state their approach in a policy.

Remote work presents unique employer-employee challenges, and issues can arise quickly where there is no clear guidance in place regarding expectations.

Timekeeping: Companies may have far less control over when remote employees “clock in” and “clock out.” Make sure employees understand how they are required to track their time and what to do if they anticipate needing to work overtime. Remote employees are still subject to wage and hours laws, like the Fair Labor Standards Act, and non-exempt employees are entitled to overtime as well as meal and rest breaks pursuant to applicable state law.

Availability/responsiveness: When should employees be available to clients, customers, and other employees? For some, perhaps the answer is just that they need to be available during normal business hours; however, for employees who have flexibility in setting their schedules, this can be a little more complicated. Companies should be unequivocal, and not only clearly outline when employees should be available, but also how quickly employees should respond to emails, phone calls, etc. This includes indicating what mode of responsive communication is appropriate. If employees should respond “promptly” or “in a timely manner,” consider defining these terms.

Dress code: Companies that have employees participating in videoconferencing should consider providing guidance on what is appropriate attire for these meetings. In doing so, make sure dress codes do not unlawfully discriminate or violate National Labor Relations Act (NLRA) rights.

Productivity: Every workplace is different, but if productivity is measured when employees are working in the office, ensure that employees understand how their performance will be measured when working remotely.

Here, companies should address issues such as confidentiality and security of company and customer/client information, as well as protection of company property. Many companies already have policies in their handbooks that relate to security and data protection. Ensure that remote employees understand that these policies still apply to remote work, as do any supplemental policies related to the security of remote work.

Internet: Designate what type of internet connection is required for remote work. A slow internet connection may slow down employee productivity. Also, companies that do not want employees working on public Wi-Fi should state this in a policy.

Tech support: Many companies have technical support or IT onsite to assist with technical issues, but what is the procedure for employees working remotely? Who should employees contact? Consider outlining these details in a policy.

Equipment: If employees working remotely should only work on certain devices and only save files in certain places, state this in a policy. If employees are provided equipment by the company, ensure employees understand that this equipment is for work purposes only.

One final consideration for companies with hybrid workplaces is whether any of their employees work remotely from a state other than the state where the employee was hired to work. This often occurs when a company’s office is located near a state border. If a company has employees working remotely out-of-state, the various employment laws of the other state may apply in addition to the laws of the state where the company’s office is located. Companies with employees working remotely out-of-state may need to incorporate additional state-specific policies in their handbook.

As always, check with legal counsel to ensure all handbook policies are compliant with federal, state, and local law.