Edited by Kate A. Fisher, Daniel G. Prokott & Jana O’Leary Sullivan
This new First Edition of A Practical Guide to Remote and Hybrid Workplaces was written as a resource for employers examining how to approach and manage the new way of working recently emerging in many workplaces, with more employees than ever working in remote or hybrid positions. Written by attorneys and other experts in the field, the Guide includes coverage of:
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CHAPTER 1
Understanding the Big Picture – Expectations, Trends, and Decision-Making About Remote Work and Hybrid Workplaces
Introduction; Defining Remote and Hybrid Work; Expectations and Pitfalls for Remote and Hybrid Work; Making the Right Call – Decision-Making Regarding Remote and Hybrid Work; Approving a Remote or Hybrid Work Arrangement; Implementing a Remote or Hybrid Work Arrangement; Evaluating a Remote or Hybrid Work Arrangement; Conclusion; Appendix A – Sample Hybrid Work Policy
– Daniel G. Prokott & Nicole A. Truso
CHAPTER 2
Disability and Religious Accommodation in the Remote or Hybrid Work Context
Introduction; Religious Accommodations; Reasonable Accommodation of Disabled Employees;
– Penelope J. Phillips & Janell M. Stanton
CHAPTER 3
The Remote Workspace: Reimbursement Practices, Location Implications, and More
Introduction; Reimbursing Employment-Related Expenses and Travel Costs; Safety Considerations – Workers’ Compensation and OSHA; Policies are Key; Tax and Benefit Implications of a Remote Workforce; How to Navigate Local Employment Law Obligations in New Cities or States; Tracking and Limitations on Remote Work
– Sara G. Sidwell
CHAPTER 4
The On-Site Space for the Hybrid Workplace – Layouts, Health, and Safety
Introduction; Office Layouts that Meet the Needs of Remote and/or Hybrid Workplaces; Hygiene and Safety Protocols; Vaccination Policies; Communication of the Vaccine Policy
– Susan E. Ellingstad
CHAPTER 5
Who Will Work Remotely, How Often, and Who Decides?
Introduction; Which Employees Will Be Permitted to Work Remotely and How Often; Who Decides What Remote Work Arrangements Will be Approved?
– Megan L. Anderson & Joni M. Thome
CHAPTER 6
Recruiting, Hiring, and Supporting Effective Job Performance for Remote and Hybrid Positions
Hiring and Recruiting; Supporting Effective Job Performance
– Mae R. Brooks & Jenny Gassman-Pines
CHAPTER 7
Creating Diversity, Equity, and Inclusion in Remote and Hybrid Work
Introduction; Diversity, Equity, and Inclusion in the Workplace; How Moving to a Hybrid or Remote Work Environment Can Enhance and Inhibit DEI Objectives; How Can Employers Ensure DEI Objectives are Note Left Behind in Transition to Remote and Hybrid Work?
– Dionne W. Blake, Melissa Muro LaMere & Brittany Skemp
CHAPTER 8
Positive Workplace Culture: Maintaining Relationships with Co-Workers, Customers, and Clients
Introduction; Workplace Culture; Conclusion
– Cynthia A. Bremer & Dennis A. Davis, Ph.D
CHAPTER 9
Regulating, Investigating, and Disciplining Behavior in the Remote Workplace
Introduction; Regulating the Remote Workplace; Preventing Bullying, Harassment, and Other Hostile Behavior in the Remote Workplace; Workplace Investigations in the Remote World; Disciplining Behavior in the Remote Workplace; Conclusion
– Kaarin Nelson Schaffer, Jessica L. Roe & Nicholas Beckman
CHAPTER 10
Overcoming Data Security and Privacy Challenges in the Hybrid Workplace
The Hybrid Workplace Presents New Data Security and Privacy Challenges; “Bring Your Own Device” Policies Help Minimize Security Risks From Use of Personal Devices; Voice-Enabled Devices in the Home Increase Privacy and Security Risks; Law Firms and Attorneys Face Additional Security and Privacy Requirements to Keep Client Information Safe; A Comprehensive Written Information Security Program Can Help Identify and Eliminate Risks; Transitioning to Remote Work Requires Revaluation of Vendor Relationships; Ongoing Training for Remote Employees is Critical to Maintaining Privacy and Security
– Nadeem W. Schwen & Lisa B. Ellingson
Table of Authorities
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