The Nuts And Bolts Of Updating Employee Handbook For A Hybrid Workforce

Key elements to consider in a handbook for a remote workforce

A global pandemic and increasing pressures caused by the “Great Resignation” have left employers, large and small, reassessing their policies for where (and how) employees may work. Many employers have adopted a “hybrid” workforce, allowing employees to choose the frequency with which they work at the employer’s job site or remotely. These ever-changing practices require employers to review existing policies and should prompt updates to existing employee handbooks. What follows is a guide to updating employee handbooks for a hybrid workforce.

No two handbooks are the same, just as no two companies are the same. The contents of an employee handbook will be driven by a variety of factors, such as the size of the business, the type of business (e.g. manufacturing, sales, professional services, etc.), the states where the company has employees, and the corporate culture. Regardless, there are certain provisions that should be part of every employee handbook.

At the beginning of every handbook, there should be an introduction discussing the company’s vision and mission statement. In addition, this section should include caveats that the handbook is not a contract, employment is generally “at will,” and the employer reserves the right to change the policies at any time.

Federal law requires companies with 15 employees or more to prevent workplace discrimination, harassment and retaliation. For that reason alone, every handbook should make clear the company’s policy on these issues. This begins with a prohibition on unlawful discrimination based on any category protected by law – including race, color, sex, religion, national origin, disability, age, genetic information and sexual orientation.

An anti-discrimination policy should list specific areas where discrimination will not be tolerated – such as hiring, training, terms and conditions of employment, promotion, discipline and discharge. Similarly, an anti-harassment policy should explain the types of behavior prohibited (unwelcome touching, comments, jokes, pictures, etc.) and outline the people/departments (managers or human resources professionals) where employees can go to report harassment.

Both policies should lay out the procedure for investigating discrimination or harassment complaints, and expressly convey the company’s anti-retaliation rule and the fact that investigations will be kept confidential to the extent practicable.

Anti-discrimination policies that are well written and enforced serve the important purpose of promoting a corporate culture of professionalism, respect and inclusion. Moreover, written evidence of a company’s efforts to “do the right thing” can be a powerful tool when defending against such claims.

Companies with employees, who are subject to the minimum wage and overtime rules of the Fair Labor Standards Act (almost all of them), need a policy describing the different categories of employees (e.g. exempt versus non-exempt) and explaining that non-exempt employees will be paid overtime at the rate of time and a half their regular rate for all hours worked over 40 in a week.

Non-exempt employees should be instructed to keep track of all hours worked and required to obtain permission before working overtime.

The need for a discipline policy is two-fold. First, the best way to ensure that employees follow the same set of rules is to set them down in writing. If everyone knows what is expected, most employees will try to comply.

It is only fair that these expectations be documented in one place, where everyone has access to them. Second, when the procedures for addressing violations are set forth in writing, supervisors will know what to do when someone breaks the rules. Employees with prior notice of expectations and consequences are less likely to argue that they have been treated unfairly.

Every employee wants to know how much vacation/sick time/PTO they get, and how many paid holidays there are. Having this information in one place will ensure that everyone knows the rules, promoting consistency in application, which will reduce headaches for the human resources department. The same is true with respect to employee benefits, such as health insurance, short- and long-term disability, retirement and other perks.

Given that no two companies are the same, employers will want to craft specific policies related to areas, such as e-mail and web browsing, use of company equipment for personal reasons, performance evaluations, nepotism, and employee appearance and grooming. Policies that are tailored to the company culture are generally more effective than mass-produced forms.

Remember that beyond compliance with federal laws, it is imperative that companies review the laws in the states where they have employees. Depending on the number of employees working in a jurisdiction, state-specific requirements (e.g. jury duty; emergency response; military; and school activities) may apply.

Monitoring employee timekeeping is tricky, and sometimes, a daunting task. A remote workforce presents an added layer to this dilemma, and employers offering a hybrid or remote-working environment must ensure that exempt and non-exempt employees abide by expectations for employee timekeeping. To ease this added burden, employers and the employee handbook should:
 

Information security presents another issue for employers overseeing a hybrid or remote workforce. To avoid potential information security disasters, companies must be sure their remote team members know their security policy, what constitutes a security breach and what doesn’t. The handbook should specify the employer’s information security policies and identify the department or individual to be contacted about potential information security breaches.

Employers should also consider including a list of information security dos and don’ts, such as do keep a clear (or nearly clear) desk free of sensitive documents and information; and don’t use company computers, cellphones and other electronic devices for personal/family computing.

Performance reviews are also tricky in a hybrid workforce. The handbook should reinforce that employees will still be subject to performance reviews and should specify the employer’s procedure for conducting performance reviews.

Like employee timekeeping, monitoring employee attendance can be complicated, especially in a hybrid or remote environment. The handbook should specify the importance of attendance and that working remotely requires employees’ full attention during working hours and adequate childcare, just like office work.

Public health guidelines and best practices for staying healthy during the Covid-19 pandemic are ever-evolving, with frequently changing recommendations with respect to masking, vaccinations and social distancing.

Regardless of whether the employer adopts any or all of the existing CDC guidelines, the handbook should clearly outline the company’s Covid-19 policies. The handbook should specify whether masks, vaccinations or testing (or some combination of the three) are required, the company’s policies for compensating employees for time spent receiving vaccinations or attending testing appointments, the frequency with which employees must be tested (if required), whether social distancing is required, etc.

When facilitating a hybrid or remote working environment, it is nearly impossible to over-communicate the employer’s expectations to employees. A clear employee handbook addressing basic policies, such as sexual harassment avoidance and discipline (which may still present themselves in a remote workforce), as well as day-to-day matters, such as attendance and timekeeping, will help employers keep track of performance and build a strong team culture.