Five years have passed since the pandemic began, when the world shut down and many of us pivoted to working from home.   We relied on technology in a whole new way.   Zoom meetings became a daily occurrence.   Employees left the state to relocate but continued to work.  We all bought multiple pairs of sweatpants and slippers, ring lights, and portable headsets.  The world as we knew it would never be the same.   

Then slowly, as the world reopened, closed again with COVID surges, then reopened again, we started moving back into the workplace.   And yet, the residual impact of the pandemic and remote work remains.   Even if you operate an essential business and never closed like many of us, you still may have individual employees working remotely.   Or you may be considering hiring your first.  

For the remainder of us, many have struggled with the balancing act of in person versus remote work.  Some organizations have chosen to go fully remote, saving on expensive leases and other overhead.  Others have tried to rally the workforce to return full-time in person.   And then others, like our firm, have adopted a hybrid model, with some employees working fully in person, others working fully remote, and some, like me, who do both.  

Regardless of your protocols, some level of remote work, for most businesses, is a reality in 2025.   Even if you have chosen to require your entire workforce to report in person, you may be battling a reluctance of employees to return or be competing for talent who may prefer working from home.   

Whether you have one random employee working offsite or an entire workforce, there are both practical and legal challenges to managing remote employees.  

One Size May Not Fit All 

I often consult clients who wrestle with permitting some employees to work remotely and requiring others to be physically present at the worksite.   The fear is that policies applied inconsistently may be subject to attack.   That fear may be justified.

Keep in mind, though, that most employers do not apply their rules, wages, or benefits consistently across every employee in the company.   We may give better employees raises and promotions.   We may provide different benefits to management.   And we have various policies and procedures for different areas of operation.   As long as these decisions do not unlawfully create a disparate impact on employees of a given race, gender, age, or sexual orientation, for example, we are allowed to make good faith business decisions which affect employees differently.   

Consequently, it may make practical sense to allow certain employees to work remotely while requiring others to be on site.   For example, a receptionist who greets guests may have to be physically present to do so.  Managers who oversee a manufacturing line or restaurant operations most likely must physically report as well.  

But there may be office employees who can work from anywhere.   You may have retail operations in Los Angeles but have someone managing your social media who lives in Virginia.   You may have a warehouse in San Bernardino, but your AP clerk works in Des Moines.   Some work conditions work differently for employees with different job functions.    

One thing we have learned since the pandemic – circumstances are subject to change.   You may have in person offices you decide to take fully remote.   And you may also decide to have remote employees return to the office.   Contents may shift during flight.   Be transparent with your workforce, especially upon hire, if you want to reserve your right to pivot accordingly.  

Also, if an employee is hired to work remotely or hybrid and that situation is not working with them, communicate this as well.  Warn them that if their performance fails to improve, they may need to report in person to receive more supervision.  In most circumstances, working remotely is still a perk.   You may wish all your new employees to start in person before they have earned your trust.   You may recall a formally remote employee to work in person if their performance so warrants.  

How Do I Know if My Remote Employee is Really Working?

I remember having lunch with one of my clients when we first started returning to work back in 2021.   One of the executives mentioned that she found it hard to trust employees working from home.   “How do I know they are not simply watching television all day?”  

My answer to anyone who asks this question is this: are your remote employees getting their work done?  Of course, a certain level of trust occurs when we permit employees to work out of our sight.  But we don’t have eyes on our employees all the time, even when they are working in person.  They could be shopping online or texting their friends.  

The focus should be on work performance.   Are they turning out an acceptable level of work product in an appropriate amount of time?  Are they timely responding to your calls and emails?  We should not need to micromanage our employees to determine if they are executing.   If they are not performing, hold them accountable.   That rule is consistent for employees wherever they work. 

And if an employee continues to struggle, you may need to require them to work in person.  As I said above, if a remote employee cannot work independently, then something must change.   Maybe they cannot continue to work remotely, or maybe they cannot continue to work for you.   

Legal Issues Surrounding Remote Workers 

There are a few employment law issues that impact our remote employees.  

First, if employees are working from home, even part-time, they are shouldering some of the business overhead.   We need to reimburse them for the out-of-pocket cost of using their own devices, wireless and internet plans, and even electricity.   The amount of the stipend can vary, depending on the circumstances.   But there needs to be some payment, under California Labor Code section 2802. 

Next, you need to have a proper way to track time and ensure that breaks are taken by all non-exempt employees.   While many employers dwell on the concern that employees are not adequately working while they’re on the clock, the reverse is often true.   Remote employees are often tempted to keep working even when they are off the clock.   It is easy to just return a message, send a quick email, respond to a call, especially when all this can be done from their phones.  We need to set boundaries for our employees and ensure that they are paid for their time whenever they work.  

Also remember that employment laws are dictated by where the employee is performing work, not where your business is based.   If you have an operation in Orange County, but you have a remote employee living in Los Angeles, you need to provide sick leave based on the city of Los Angeles ordinance, not based on California law.   And other states have even different rules.    Illinois, for example, requires two weeks of paid time off.   

We can provide you with location specific policies for your remote employees, which can modify your existing employee handbooks.  Make sure to advise us where all your employees are located.  

Finally, there are occasions when employees may request to work from home as a disability accommodation.   Providing reasonable accommodations  to disabled workers is the subject of a whole other article.    This is not something you should try alone at home; if an employee asks to work remotely in response to a disability situation, please, reach out.  We will walk through the interactive process together.