The Ultimate Guide to Managing Remote and Hybrid Workforces
Jd Supra•6 months ago•
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The Ultimate Guide to Managing Remote and Hybrid Workforces

REMOTE LEADERSHIP
remotework
hybridwork
remoteleadership
employeeengagement
workplacepolicies
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Summary:

  • Clearly designate remote or hybrid work status, specifying its duration and any conditions.

  • Provide legitimate business reasons for requiring onsite work, considering employee performance and avoiding discriminatory practices.

  • Address remote work requests as disability accommodations by considering undue hardship and essential job functions.

  • Justify any pay differences between remote and onsite employees by demonstrating tangible value disparities.

  • Implement a comprehensive ergonomics policy, including budget allocation and expert assessment of workspaces.

  • Promote employee engagement through regular feedback, digital events, and fostering human connection.

  • Reimagine work processes and leadership approaches to adapt to the new normal of remote work.

  • Establish clear communication chains to avoid pitfalls and ensure effective information flow.

  • Evaluate performance through objective goals, direct communication, and confirming emails.

  • Build a strong foundation for a successful remote workforce through clear policies, consistent processes, and multijurisdictional compliance.

Managing Remote and Hybrid Workforces: A Comprehensive Guide

The rise of remote work has brought about a new set of challenges for employers. While initial hurdles like providing necessary technology and tracking hours have been overcome, new complexities have emerged.

Designating Remote or Hybrid Work Status

What should you consider when designating job positions as remote or hybrid?

  • Clarity: Explicitly state whether remote or hybrid status is temporary or subject to change, including any conditions for maintaining it (e.g., training, performance).
  • Job Postings: Specify the required physical location in job postings. Any future changes in location may impact employment.

Can you require an employee to work onsite if other similarly situated employees are permitted to work remotely?

  • Fairness: Avoid discriminatory treatment based on protected categories or non-performance issues.
  • Legitimate Business Reasons: Provide clear justification for any differential treatment, considering factors like experience level and performance. Document any performance issues and offer counseling or coaching before requiring onsite work.

What if an employee refuses your request to return to working onsite?

Unless there’s a doctor’s note supporting their need to work from home, you may consider terminating them for refusing to perform their job duties.

How should you handle requests for remote working as a disability accommodation?

  • Undue Hardship: Demonstrate an undue hardship for your company before rejecting a remote work request under the Americans with Disabilities Act.
  • Essential Job Functions: If the job duties can be performed remotely, rejecting the request may be problematic.

Can you establish different compensation tiers for remote vs. onsite employees?

  • Added Value: Justify any pay disparity by demonstrating tangible differences in value or responsibilities between onsite and remote work.
  • Disparate Impact: Conduct a disparate impact assessment to avoid potential discrimination claims, considering factors like gender and childcare responsibilities.
  • Consistency: Maintain a consistent and defensible position regarding pay structure.

If you need to reduce your workforce, can you lay off remote workers first?

Consider factors like performance, seniority, and business needs when making layoff decisions. Consult legal counsel for guidance.

Equipment and Ergonomics

What should you consider regarding equipment and resource reimbursements for remote workers?

  • Internet and Phone Expenses: Reimburse remote workers for internet and phone expenses, clearly documented on their pay stubs.
  • Equipment Budget: Allocate a budget for equipment or inform employees they are not required to purchase their own equipment.

Are you required to reimburse employees who voluntarily work one day per week from home?

Reimbursement requirements vary by state. Generally, no reimbursement is required if employees are permitted occasional remote work while the office remains available.

What can you do to ensure remote employees are working safely?

  • Ergonomics Policy: Develop and implement an ergonomics policy, providing training and regular communication to employees.
  • Ergonomics Budget: Allocate a budget for employees to purchase ergonomic equipment.
  • Expert Assessment: Consider hiring an ergonomic expert for virtual assessments of employees' workspaces.

Company Culture and Communication Challenges

What are some of the biggest cultural challenges with a remote workforce?

  • Engagement: Remote employees can feel isolated and disengaged due to a lack of in-person interaction and informal communication.
  • New Workforce: Employees entering the workforce remotely may lack experience with in-person work dynamics and social norms.
  • Leadership Resistance: Some leaders may be resistant to remote work models and perceive remote employees as less productive.

How can you help remote employees stay engaged?

  • Regular Feedback: Provide consistent coaching and feedback to remote employees.
  • Digital Events: Host virtual social events, such as trivia, games, or remote gatherings.
  • Human Connection: Foster a human connection by acknowledging employees as individuals and not just productivity units.

How can managers and leaders rethink their reluctance to accept the new normal?

  • Reimagining the Workplace: Embrace the opportunity to reimagine work processes and supervision for remote environments.
  • Younger Generations' Perspectives: Empathize with the challenges of building relationships and developing careers in a remote setting.

How can you avoid communication pitfalls in remote workforces?

  • Clear Communication Chains: Establish clear chains of communication, involving HR in disciplinary matters and providing employees with clear contact points for concerns.
  • Engaged, Not Intrusive: Stay engaged with remote employees without being overly intrusive or monitoring them excessively.

If a remote worker is invited to a Zoom meeting, can the employer require them to be on camera during the entire meeting?

Yes, it’s comparable to asking in-person employees to engage in the meeting. Routine refusal to turn on the camera may indicate a broader issue.

What are some tips for evaluating a remote employee’s performance?

  • Objective Goals: Set clear, attainable goals and expectations for remote employees.
  • Direct Communication: Deliver performance feedback through phone calls or virtual meetings, providing specific examples and guidance.
  • Confirming Emails: Use confirming emails to align messaging and document performance conversations.

Conclusion

What is the glue that can hold your remote workforce together?

  • Clear Policies: Establish and implement clear policies, including an employee handbook, regularly update them, and provide manager training.
  • Consistent Processes: Develop replicable workflows, checklists, and controls to ensure consistency in handling different situations.
  • Multijurisdictional Compliance: Stay informed about evolving workplace laws in different jurisdictions, particularly for geographically diverse workforces.

Remote work is here to stay. By adopting a strategic approach and addressing these challenges, employers can create a successful and engaged remote workforce.

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