3 Challenges When Hiring Remote Workers

 Posted on August 09,2024 in Employment Lawyer

Working from home used to be considered a luxury, but it has started to become mainstream since the COVID-19 pandemic. According to some estimates, approximately 32.6 million Americans will be working remotely by next year, totaling about 22 percent of the national workforce. Sixteen percent of companies and 20 percent of workers already operate fully remotely.

There are benefits to allowing employees to work remotely, not the least of which is access to a larger worker pool. However, there are also significant challenges that a business should consider when allowing employees to work from home, such as how to track overtime. This article will discuss three of those challenges, as well as how to contact the right Illinois employment lawyer to guide you through them.

Overtime

Both federal and Illinois state laws require businesses to pay their employees overtime pay. On the federal level, the Fair Labor Standards Act says that employers must pay workers at least 1.5 times their regular pay for every hour worked overtime, which is defined as more than 40 hours per week. Illinois state law has the same requirement.

When employees work on-site, it is relatively simple to track their hours and thus calculate any overtime pay. Remote workers, however, present a significant challenge in this area. Employers often lack the record-keeping abilities to clock the hours of employees who work from home. There are software programs that allow companies to track employees’ time to some degree, though privacy concerns may cause some workers to feel uncomfortable with their use.

Workers’ Compensation

Another challenge employers face when hiring remote workers relates to workers’ compensation. An employee who works remotely is still entitled to compensation for his or her work-related injuries. While it can be difficult for an employee who works from home to prove that he or she suffered a work injury, it is not unheard of. Remote employees have successfully claimed workers’ compensation for:

• Carpal tunnel syndrome due to excessive typing
• Back and neck pain due to prolonged periods of sitting
• Eye and vision damage due to extensive screen use
• Injuries sustained during work-related travel

Jurisdiction

Some remote workers can work from anywhere, even from another state. This can pose some legal issues because you may be subject to the labor laws of the state in which your employee is working. Some states, like California, have strong employee protection laws such as higher minimum wages.

To avoid this, make sure the employment contract between your company and your employee clearly defines which state’s employment law will apply. You may also want to include a clause requiring employees to notify you if they work out of state. Some companies require their workers to operate within the company’s state only.

Contact a Schaumburg, IL Employment Attorney

Allowing employees to work remotely can be great for your business, but it can pose certain difficulties. Let an experienced Schaumburg, IL employment lawyer guide you through those challenges. At The Miller Law Firm, P.C., our experience and extensive knowledge of employment law allow us to provide you with superb legal services and protection for your business. Schedule a free consultation with a skilled attorney by calling 847-995-1205 today.