Page 28 - BusinessWest February 6, 2023

“If they have employees working remotely, even in a hybrid fashion, in another state
— which is not uncommon given Springfield’s proximity to Connecticut — they have to be cognizant of which state’s employment laws apply.”
JOHN GANNON
what days you need to be in the office and what days you can work at home.’”
As a Baby Boomer, Wise said, she understands the old-school mentality of employers who have always been able to see their employees at work, and may be hesitant to give that up.
“It can be a hurdle to get over that perspective that ‘I can’t see you, so are you working?’ Part of the communication piece is doing a better job as organizations to define productivity and what needs to happen on the job. And it’s been good for leaders and workers to tighten up some of the parameters — ‘you know what’s expected of you, and you and I need to set that ahead of time, because things can easily get out of hand if you’re not here every day.’”
It makes sense to put those parameters in writing, said John Gannon, a partner with the law firm Skoler Abbott in Springfield. “The accountability policy needs to be clear. I’ve seen policies that say, ‘we need to see proof that your children are in daycare.’ I’m not sure if I’d recommend going that far, but certainly the supervisors need to be paying attention to their employees when they’re home.”
Zoom meetings help, he said, but employees are still unmoni- tored for the vast majority of the workday. Some companies have even installed technology on home computers that logs keystrokes per hour.
“I don’t like that, personally,” Gannon went on. “But it’s an option for employers if they have concerns that the hybrid model results
in less productivity. I wouldn’t recommend it unless an employer
is having problems, because it is a privacy issue, and a lot of this comes down to trust; you want to trust your employees, and you don’t want to set up a model that says you don’t trust them.”
Wise has heard of keystroke monitoring as well, and said most employers in this region aren’t looking to go there. But they’re also still in an experimental stage when it comes to remote and hybrid schedules.
“A lot of organizations are still feeling this out — ‘let’s try this for six months; I know we did it during the pandemic, but let’s try it in the new year and see if it works out, or whether we need to make adjustments to it.’ Handbooks and policies are still catching up.”
And if employers have employees working remotely in a different state, Gannon added, they need to update that handbook to make
sure employees in those states are getting a handbook with laws applicable to that state, and also make sure the company is regis- tered to do business in that state.
“If they have employees working remotely, even in a hybrid fash- ion, in another state — which is not uncommon given Springfield’s proximity to Connecticut — they have to be cognizant of which state’s employment laws apply,” he explained. “If they’re working from home three or four days a week and coming in one or two days a week, their primary office is their home, and if that’s in Con- necticut, they’re subject to Connecticut employment laws and Con- necticut employment taxation.
Those laws touch on everything from paid family medical leave and sick time to injuries on the job.
“It may sound crazy, but you may have to address workers’ com- pensation,” Gannon said. “If you’re walking down your stairs in the morning to go to your home office, that’s not covered, but in your home office, if you fall out of your chair and hurt yourself, that may be covered.”
Losses and Gains
Roberts agreed that there’s an interesting dynamic at play now, with some employers worried they don’t have eyes on their employ- ees, while others fret about losing office culture and the ability to keep workers engaged.
“How do they know if they’re happy, if they’re productive, if they’re getting what they need from their career development? If you don’t see them all the time, how do you mentor? There’s a lot of questions managers are grappling with when it comes to this new style of work.”
That said, employers who embrace remote and hybrid schedules are able to cast a wider net in recruitment, at a time when talent is difficult to come by.
“We’ve been able to advertise positions as hybrid, which cer- tainly brings more candidates our way,” Roberts said. “People are looking for that flexibility, and
if you’re able to offer a fully
remote situation, you can hire
someone from anywhere; you
Remote
>>
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