Remote and Hybrid Workplaces have been in turbo-drive since COVID. GBIG member Amundsen Davis recently presented a webcast to examine employers’ legal responsibilities for remote workers. Attorneys Ryan Young and Ann Barry Hanneman of Amundsen Davis presented “Navigating Remote & Hybrid Workplace Challenges.” This webcast is the fourth of the five-part Amundsen Davis Supervisor and Management Training Series.
Wage and Compliance for Remote Workers
The attorneys discussed wage and compliance in a borderless office, noting that employers are responsible for paying for hours worked. We live in an always-on digital culture with informal conversations happening after working hours. The company can be liable to pay for these unapproved overtime hours. Thus, employers should establish black-out windows so employees aren’t working off hours and use employee discipline to stop them from working unapproved overtime. It’s important for employees to track their hours, clocking in and clocking out.
If employers underpay overtime, the employers may have to repay the wages and pay double the wages in damages. In addition, employers may be responsible for attorney fees and court costs, and these can be significant. If employers underpaid overtime for multiple employees, employers may face a class action suit. Attorney fees are much higher for class action suits, getting exponentially out of hand. Again, employers should implement a remote timekeeping policy and off-hours blocks.
Commuting & Breaks for Hybrid Employees
Attorney Young also talked about commuting. Standard travel from home to work is an unpaid commute, even for hybrid workers or remote workers when they need to report to a physical office. The time they spend commuting to and from work is not compensable.
Concerning meal and rest breaks, Wisconsin does not require employers to provide these periods. If rest breaks are voluntarily provided, short periods (under 30 minutes) must be paid, even if the employee is taking breaks in their own home.
Handling ADA Accommodations Requests
Employers also should consider the Americans with Disabilities Law guidelines for remote work. Some employees may request remote work as a reasonable ADA accommodation. Companies need to make a thorough, factual determination of the job before approving the request. The employers also should examine job responsibilities that can or can’t be performed at home.
Employers should look at the employee’s medical condition and discuss alternative accommodations for the employee to continue to work on site, if onsite work is preferred.
Anti-Harassment Policies & Investigations
The more casual tone of remote working can lead to claims of harassment, Attorney Hanneman said. Sometimes, remote working leads to more microaggressions and an increase in harassing jokes through email, phone, videoconferencing and chatting apps. Company anti-harassment policies apply to these situations, and these policies should be adapted to remote workers. Just because someone is working remote, it doesn’t mean employers can disregard harassment claims. They still have a duty to investigate claims. It’s important to set expectations for videoconference meetings for appropriate dress code and proper conduct.
Next Webcast: Managing Performance Issues
The Remote and Hybrid Worker webcast is the fourth of the five-part Amundsen Davis Supervisor and Management Training Series. The final presentation in the series will be “Managing Performance Issues Without Creating Legal Exposure” at 12 p.m. Tuesday, June 9. Attorneys Jeff Risch and Sara Zorich will be the presenters.
