Working remotely does not always mean working from a home office. Employees may take their laptops to a coffee shop, hotel lobby, library, airport, or other public place. For many workers, that freedom is one of the best parts of remote work. For employers, though, it can create a few problems that are easy to overlook.
Our labor and employment attorneys at Fee, Smith & Sharp LLP can help Texas employers set clear rules for remote work. When employees work in public places, businesses need to think about privacy, computer security, work hours, expenses, and even where the employee is actually working.
Other People May Be Able to See Private Information
It is easy to forget how much information can be seen on a laptop screen. An employee may be sitting at a coffee shop looking at customer records, payroll information, emails, contracts, or other private files while someone else is sitting just a few feet away.
A laptop or phone may also be stolen. An employee may step away from a table for only a minute, but that can be enough time for someone to take a device.
Employers can reduce these risks by requiring strong passwords, screen locks, and two-factor authentication. Employees should also lock their devices when they step away and avoid opening sensitive information where others can easily see it.
Public Wi-Fi Can Be Risky
Free Wi-Fi is common in many places, but that does not mean it is safe. Coffee shops, airports, hotels, and other public places often have open networks that may not offer the same protection as a company network.
Workers can also accidentally connect to a fake Wi-Fi network that looks real. That can put passwords, emails, files, and other company information at risk.
Employers may want to require employees to use a company-approved VPN when working in public. Turning off automatic Wi-Fi connections and using multi-factor authentication can also help. Employees should also know who to contact immediately if they lose or have a work device stolen.
Work Calls Are Not Always Private
A worker may not think much of taking a client call from a coffee shop or joining a video meeting from an airport lounge. The problem is that other people may be able to overhear the conversation.
That can be an issue if the employee is discussing customers, employees, lawsuits, business plans, financial matters, or other private information. Someone nearby may also see documents or names on the employee’s screen during a video call.
A remote-work policy can require employees to move to a private area before taking a call or joining a meeting. Some conversations also should not happen in a crowded public place.
Employers Still Have to Keep Track of Work Time
Tracking hours gets harder when employees do not work in one place. An hourly employee may answer emails from a coffee shop after dinner or finish a project from a hotel room after the normal workday ends.
Under federal wage law, employers generally must pay nonexempt employees for work they know about or have reason to know is being done. That can include work performed outside the office or outside normal work hours.
Employers should give workers a simple way to record all their time. They can also require employees to get approval before working overtime. Still, if an employee does work that the employer knows about, the time may have to be paid even if the employee did not get permission first.
Remote Work Can Bring Up Expense Questions
Working away from home can come with extra costs. Employees may pay for parking, mobile internet, a coworking space, or other work-related expenses.
Texas employers generally do not have to repay every expense an employee chooses to incur. However, employers should be careful if a required business expense would bring a nonexempt employee’s pay below minimum wage.
A written policy can make this much easier. It can explain what the company will pay for, when approval is needed, and what receipts or other proof employees must provide.
Injuries Can Be More Difficult to Sort Out
An employee may slip at a coffee shop while working or trip over a cord at the library. When an injury happens away from the regular workplace, it may not always be clear whether it is work-related.
In Texas, a main issue is whether the injury happened while the employee was acting within the course and scope of the job. The answer depends on the specific facts surrounding the injury.
Employers should instruct remote employees on how to report an injury and who to contact. Employees may also benefit from basic safety rules, such as choosing a safe place to work and never working while driving.
Employees May Work from Another State
Remote workers sometimes take their jobs with them when they travel. An employee may spend a few weeks with family in another state or work from a vacation home without thinking it matters.
For the employer, it can matter quite a bit. Different states may have different laws involving wages, meal breaks, leave, payroll taxes, expense reimbursement, and other workplace issues. Employers may want employees to get approval before working outside Texas for an extended period. At a minimum, the company should know where its employees are working.
Put the Rules in Writing
Employers do not need a rule for every location an employee might visit. A basic remote-work policy can cover the main issues and give employees a clear idea of expectations.
The policy may cover:
- Where employees are allowed to work
- Working from another state
- Public Wi-Fi and VPN use
- Confidential calls and documents
- Recording work hours
- Overtime approval
- Work-related expenses
- Lost or stolen equipment
- Reporting injuries
- What happens if employees do not follow the rules
It can also help to have employees sign or acknowledge the policy, so you have a record showing they received the rules.
Remote Work Does Not Have to Mean More Risk
Letting employees work from public places can be beneficial. It gives workers more freedom and may help employers offer flexibility.
The key is not to leave everything up to chance. Texas employers should have simple rules about where employees can work, how they protect company information, how they record their time, and when they need approval. A clear policy can prevent confusion before a problem escalates.
