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Alex Denne
Head of Growth

What legal policies should you have in place for remote workers?

02-Jun-25
7 mins
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What Legal Policies Should You Have in Place for Remote Workers?

As remote work arrangements become increasingly common, it's crucial for employers to establish clear legal policies to protect their business and employees. Remote work presents unique challenges and potential liabilities that traditional in-office policies may not adequately address. By implementing comprehensive legal policies, you can mitigate risks, ensure compliance, and foster a productive and secure remote work environment.

Remote Work Agreement

A remote work agreement is a foundational document that outlines the terms and conditions of the remote work arrangement. This agreement should clearly define the employee's responsibilities, performance expectations, and the company's expectations regarding availability, communication, and security measures. It should also address issues such as equipment provision, reimbursement for expenses, and the company's right to monitor and access company-owned devices and data. You can find a on our website. This is often addressed through a SaaS Agreement.

Data Privacy and Security Policy

Protecting sensitive data is a critical concern when employees are working remotely. A robust data privacy and security policy should outline procedures for handling confidential information, including customer data, trade secrets, and intellectual property. This policy should cover topics such as secure data storage, encryption, password management, and incident response protocols. Additionally, it should address the use of personal devices for work purposes and the measures employees must take to safeguard company data on those devices. Refer to the on data security for businesses.

Cybersecurity Policy

Remote workers are often more vulnerable to cyber threats, such as phishing attacks, malware, and unauthorized access attempts. A comprehensive cybersecurity policy should outline best practices for identifying and mitigating these risks, including guidelines for secure internet connections, software updates, and incident reporting procedures. This policy should also address the use of virtual private networks (VPNs) and other secure remote access solutions. The provides valuable resources for developing effective cybersecurity policies. This is often addressed through a Confidentiality Agreement.

Workplace Safety and Ergonomics Policy

Employers have a duty to maintain a safe and healthy work environment, even for remote employees. A workplace safety and ergonomics policy should provide guidance on setting up an ergonomic workstation, identifying and mitigating potential hazards in the home office, and reporting work-related injuries or illnesses. This policy should also address the company's responsibilities for providing necessary equipment or accommodations to ensure a safe and accessible remote work environment. The offers resources and guidance on workplace safety standards.

Timekeeping and Compensation Policy

Remote work can blur the lines between work and personal time, making it essential to have clear policies regarding timekeeping and compensation. This policy should outline procedures for tracking and reporting work hours, including any requirements for using time-tracking software or submitting timesheets. It should also address overtime rules, meal and rest break requirements, and any applicable state or local laws regarding compensation for remote workers. The provides guidance on federal wage and hour laws.

Intellectual Property and Non-Disclosure Policy

Protecting your company's intellectual property and confidential information is crucial, especially when employees are working remotely. An intellectual property and non-disclosure policy should clearly define what constitutes confidential information and outline the employee's obligations to safeguard and prevent unauthorized disclosure or misuse of such information. This policy should also address ownership of any work products or inventions created by remote employees during their employment. The provides resources on intellectual property protection.

Do you need to monitor productivity?

Monitoring productivity for remote workers is a sensitive topic. While it may seem necessary to ensure work is getting done, excessive monitoring can undermine trust and morale. A balanced approach is recommended. Clearly communicate expectations and deadlines, and focus on measuring outcomes rather than activity. For guidance, review the and your state's . Ultimately, prioritize open communication and trust to foster a productive remote environment.

What are the cybersecurity risks?

With remote work, cybersecurity risks are heightened as employees access company data from home networks that may be less secure. Potential threats include data breaches, malware infections, and unauthorized access to sensitive information. To mitigate these risks, consider implementing a that outlines best practices for secure remote access, use of virtual private networks (VPNs), and handling of confidential data. Additionally, provide to educate employees on identifying and preventing cyber threats.

Should you reimburse home office costs?

While not legally required in most cases, reimbursing remote employees for certain home office expenses can be a wise policy. It helps offset costs they incur while working for your business. Common reimbursable expenses include a portion of internet and utility bills, office supplies, and even some computer equipment costs. Offering a reasonable reimbursement shows you value your remote staff and can aid in recruitment and retention. However, be sure to clearly define eligible expenses and reimbursement limits in your . For legal guidance, consult .

At tiktok˰, we make it easy to create bespoke legal documents that save time and provide the correct structure, no matter what legal document you need to create or review. Whether you're a business, lawyer or individual, try tiktok˰ today to simplify and streamline your legal drafting.

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