More than two years have passed since the start of the pandemic, and many workers continue to work from home in some capacity. In fact, companies are offering remote positions as a hiring incentive to increase their job candidate pools. Before agreeing to remote work arrangements with new hires or current employees, especially those who are hourly and nonexempt, companies may want to consider certain factors to ensure that the arrangements will be feasible.
These factors may include whether an employee will be working in a location where the company can ensure compliance with applicable state and local employment laws, whether the employee can maintain the same quality and quantity of work product while working remotely, and whether the employee can obtain access to company data and maintain the confidentiality of such information.
California employers that conclude a remote work arrangement is viable may want to keep the following ten questions in mind when preparing an individualized, remote work agreement.
1. Where will the remote employee be working?
It can be a significant administrative burden for a company to ensure compliance with state and local laws where remote employees reside and work if the laws differ from those of the company’s location. Different employment laws may apply, including state and local minimum wage ordinances, sick leave and sick pay laws, predictive scheduling laws, and other paid and unpaid leave laws. To tackle the compliance challenges...
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