KIA&B May/June 2020 | Page 10

MANAGE & LEAD IF NOT NOW, THEN WHEN? By: Cheryl Koch While many of us are sheltering in place due to the outbreak of the novel Coronavirus, we can still perform many valuable services - thanks to the availability of technology solutions that allow us to serve regardless of where we are physically located. Surely this will change the definition of “workplace” forever and provide flexibility for both employers and employees, and the customers they serve, now and in the future. Managing and leading a distributed workforce is not, however, without its challenges. There are several steps an agency should take in implementing work-from-home or “telecommuting” as it has become known, whether on a short- or long-term basis. SET THE POLICY First, you should establish a telecommuting policy that will help as you navigate the requests (or mandates) that employees work from home. Without a clear policy, it is likely the employer will encounter issues of unfair treatment or favoritism when selecting employees to telecommute. Some specific policy issues are: 1. What is the exact criteria or circumstance under which an employee is eligible to telecommute? 2. What type of physical surroundings are required, and how will the equipment be provided and maintained, keeping in mind any ergonomic or workplace safety requirements? 3. Will there be any payments due to the employee for reimbursement of expenses in working from home, such as increased utilities and Internet service? 4. What level of physical presence will be required for organizational meetings and events? 5. Will you require physical separation (i.e., an office) from home during work hours? 6. Are remote employees permitted to care for children, animals, or other family members during work hours? 7. Communicate whether remote work is a temporary situation and may be discontinued and under what circumstances. You may wish to have a different policy for different categories of employees. Account Managers or other nonexempt employees may have one policy, while Producers (generally, exempt employees) have another. It would be good to have remote employees sign a separate telecommuting agreement or include this information in your employee handbook. PROPERLY DOCUMENT HOURS AND COMPLY WITH WAGE AND HOUR REQUIREMENTS An employee’s work is not generally part of the criteria for establishing whether or not they are exempt or non-exempt employees in most states. You should always consult a qualified attorney before making that determination and discuss your telecommuting policy with him or her to ensure you comply with all federal and state laws and regulations. The most important issues in terms of documentation of hours worked are to: • Maintain accurate records of hours worked; • Ensure employees comply with the required meal and rest breaks; • Set and enforce a policy regarding overtime and under what circumstances it may be paid; and • Ensure no one is “working off the clock” – a real temptation when working from home. With automation, it’s relatively easy to determine the time spent working in the agency. Activity reports can show the amount of time spent processing certain transactions. 10