As much as creating a remote workforce in a week in March 2020 seemed like an insurmountable task that redefined the saying “building the plane while flying,” the task of recreating the workforce post-pandemic may be even harder. There will be unavoidable tension as employers work with employees to redefine the rules that had once been considered workplace norms - the eight-hour workday, clear lines between professional and personal duties, and daily meetings. This tension is another obstacle for employers already seeking to address the pandemic’s impacts on caregivers, underrepresented employees, individuals with mental health issues, and others who were disproportionately impacted by the circumstances over the last year. All of this will play out in a complex landscape of new (and not so new) state and federal employment rules, while employers struggle to recover financially from the pandemic with a workforce impacted by trauma.
So how can employers tackle this herculean task? I would suggest employers start by taking small steps like the following:
Make a Decision. Decide what workplace flexibility will look like post-pandemic using data collected over the last year, input from leadership, and employee feedback. Tackle the big questions first: will you return to fully open, hybrid, or fully remote? Next, move on to the nuts and bolts. Is an employee’s ability to work in a hybrid or remote status based on the person’s duties, the person’s performance, the person’s preferences, all of the above? Does fully remote, hybrid or remote work also include a more flexible schedule? Will there be a process for assessing an employee’s remote work status based on duties, performance and operational need? What is the notice period for changing a person’s in-person or remote work status?
Consider Compliance Issues. After making a decision, employers should think through the current compliance framework and consider what policies need to be updated to reflect their decision. Important compliance issues include, Oregon’s OSHA workplace guidance, which is currently in effect through at least May 4, 2021. OSHA’s guidance requires employers to have social distancing, face mask, disinfectant and other infectious disease plans in place. Oregon law also extends leave protection for workers who need to care for children under the age of 14 who are home due to school closures, including partial closures such as hybrid schedules. That means that for employers who have more than 25 employees, employees can take OFLA leave to stay home with a child through at least the end of the 20-21 school year, to the extent the county still has full or partial school closures. Employers also need to ensure that non-exempt employees who are working form home are tracking time, taking appropriate breaks and being paid overtime for all hours worked over 40 in a workweek.
Create a Plan. Next, determine what steps you need to take to get from here to there. Consider taking small, incremental steps, which allows your workforce time to adjust to the change, educates employees regarding what the decision is and why it has been made, and explains the plan. When putting a plan in place, think through how you will ensure consistent decision making and equal access to the workplace for hybrid and remote employees. For example, if there are meetings with remote workers and in-person workers, will the meetings be online so that everyone can participate equally? Think through how to handle team building and access to leadership for remote workers, and create a feedback loop so that you can make changes to your decision and plan based on input from leadership, supervisors, and employees.
Communicate. Communicate with your employees regarding your decision, why the decision was made, and the plan going forward. For example, if you are returning to fully in-person or hybrid and your workforce had previously been fully remote, explain the need for collaboration, team building, or duties that require in-person work. Helping your workforce understand why they have to make a change mitigates the impact the change will have on your workplace culture and morale. A clear communication plan also helps mitigate legal risk associated with claims that employees are being treated inconsistently or unfairly.
Implement. Once your final plan is in place, make sure you take steps necessary to implement the decision going forward. Action items like continued training for managers who oversee hybrid/remote workers, policies for hybrid and flex work, and remote team building are important for employers moving to a permanent remote or hybrid workforce. Finally, be prepared to adjust policies as necessary to accommodate further surprises from the pandemic or merely to fine-tune the post-pandemic workplace
Our business group is ready to assist you with any questions you may have. If you would like more information on this topic, please contact Jaclyn Rudebeck or Dan Olson at Watkinson Laird Rubenstein, P.C. or call (541) 484-2277.