Managing remote teams has become an essential part of the modern workplace. Advances in technology allow companies to more effectively recruit talent, regardless of their geographic location.

While this flexibility can be a boon to businesses, it also comes with legal implications that employers and business owners need to consider.

In this guide, we’ll explore some of the legal considerations involved with remote teams.

Getting familiar with different state regulations

It’s important to remember that conducting business in other states may mean that you need to comply with their own rules. When it comes to minimum wage and home office expenses, some jurisdictions have higher requirements than others.

No direct payments or reimbursements can be requested by the employer if doing so would result in a wage rate for the employee below the applicable minimum wage or overtime pay level.

Employees may also be granted paid and unpaid leave in some countries, in addition to the larger civil rights safeguards.

Workers who work from home may have to pay taxes in both their home state and the state where their firm is situated.

Safeguarding corporate data

In addition to dealing with data on consumers and clients, employers are gathering more employee data than ever before. Employees are often spread out around the world and proper data and cybersecurity regulations are essential in such remote work environments.

Employees and the IT staff must work collaboratively to accomplish this.

It is imperative that employers keep a close eye out for any recent bad-faith action by cybercriminals. Using simulated platforms and ensuring that employees are following best practices, they may further strengthen their anti-phishing and anti-email procedures.

Properly categorizing employees

Making sure that your employees are correctly categorized as exempt or non-exempt is more crucial than ever.

For each week of remote work performed by exempt workers, they are often entitled to a full week’s compensation.

Because they are entitled to pay for all hours actually worked, non-exempt remote employees must correctly record all of their hours spent.

Employers should explicitly prohibit off-the-clock employment, underreporting of hours, and illegal overtime in writing.

Inform and teach supervisors about the company’s pay and timekeeping requirements, as well as the way to look out for wage and hour breaches.

Ensuring that remote workers are productive

A wide range of monitoring methods are now available thanks to advancements in technology, which benefit both businesses and employees.

Tracking staff productivity, as well as keeping an eye on the use of confidential and private information, is a valuable tool for employers.

However, there may be difficulties with privacy and legal duties due to the surveillance. The following are some examples of good employee monitoring practices:

• Give employees notice of monitoring — being transparent about monitoring fosters trust and eliminates employees’ reasonable expectation of privacy; 
• Conduct monitoring equitably and consistently — being consistent ensures that workers are not being singled out for unfair treatment; 
• Use monitoring systems only to monitor work activities — this prevents employers from overstepping their bounds and entering into an employee’s personal affairs;
• Archive and review materials — email, text message, and WhatsApp archiving gives employers the power to monitor workplace productivity and address any unlawfully conducted activities

Stopping online and remote harassment

The anti-harassment policy still applies to employees who work remotely. In spite of the fact that workplace harassment usually evokes ideas of inappropriate physical contact or words in an in-person setting, a hostile work environment can exist in a virtual one.

When it comes to cyberbullying, employers may need to be extra vigilant, as it can take various forms, such as cyberbullying through email, text, or private group chat; verbal bullying, such as raising one’s voice, embarrassing others, or making snarky remarks in virtual meetings; etc.

Anti-harassment rules should be reviewed and, if required, revised to ensure that they cover behavior expressed in a virtual setting. Managers should be taught to check for signs of cyberbullying.

Any claim of harassment should be thoroughly examined, regardless of how it is made: online or in person.

Managing injuries suffered by remote workers

Under most workers’ compensation regulations, employers can be held liable for injuries sustained by employees while performing work-from-home activities.

OSHA considers an accident to be work-related if it occurs while a person is performing paid work at home and is directly linked to that activity rather than the home environment as a whole.

A remote worker’s work-related injury may be more difficult to determine since it is difficult to discern between activities performed at home that are considered work-related and those that are commonplace in everyday life.

Make sure that any injuries are reported as soon as possible by employees. To ensure that the most exact description of what happened is documented, it is important to report the incident as soon as possible because there are likely to be no other witnesses.

Conclusion

As the workforce becomes more distributed, employers are learning that properly managing remote teams requires addressing a wide range of legal issues.

Before deploying a remote workforce, it is important to consider any potential legal implications that may affect your business. 

By knowing and complying with applicable laws, employers can minimize potential liability and help protect their businesses.