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When evaluating remote employment plans, it is critical for employers to review the state and local laws that apply to workers outside of Wisconsin. Many of those laws apply even if an employer has only one part-time employee working in the remote location. Below are some of the important legal issues to consider:

• Paid Sick Leave. States and municipalities across the country have enacted mandatory paid sick leave laws, most of which apply to all employees working in the particular state, county, or city. An employer’s PTO policy generally will comply with the paid sick leave law if the PTO provides a specified minimum level of benefits. However, employers should review the specifics of any relevant paid sick leave laws, including the laws’ required notices to employees. Those notices may need to be included in a handbook and/or with paystubs.
• Paid Family and Medical Leave. At least nine states and the District of Columbia have also enacted mandatory paid family and medical leave laws that apply to all part-time and full-time employees working in the state or district. The leave programs differ in the amount of leave that must be provided, benefits, eligibility requirements, required notices, and how the programs are funded. Employers should review these laws if applicable and ensure their leave policies comply.
• Employee agreements. State laws vary dramatically as to the enforceability of non-competition and non-solicitation agreements. Most states require these agreements to include limitations on their geographic scope and length of restriction. Some states also require employers to give the employee something, such as a bonus or promotion, in exchange for signing a non-compete or non-solicitation agreement while others require specific language be included in these agreements. Some states prohibit all non-competes (D.C. is currently considering such legislation) while some prohibit non-competes with employees who are paid below a specified wage threshold. To reduce the risk of an employee agreement being struck down by a court, it is important to review the applicable state laws and incorporate all requirements.
• Pay history and criminal background checks. When recruiting nationwide, employers should ensure they are complying with the growing number of laws limiting or prohibiting inquiries into an applicant’s pay history or criminal background. These laws were largely enacted to create more opportunities for women and people of color. They also reflect HR best practices. Inquiring into pay history and/or criminal background may unnecessarily limit the applicant pool and hinder efforts to create a more inclusive workplace culture.
• Anti-harassment training. At least six states, including Illinois, require employers to provide anti-harassment training to employees and supervisors working in their state. Other states encourage, but do not require, anti-harassment training. Even if not legally required or encouraged, we recommend employers provide anti-harassment training at least every other year.
• Business Expenses. As more employees are working from home, employers should review their business expense policies for compliance with the laws of the state in which employees work. For example, California and Illinois have specific laws on what business expenses must be reimbursed by an employer.
• Drug testing. Drug testing laws vary from states such as Minnesota, with strict policy and process requirements to states such as Wisconsin where the laws are more lenient. Employers who require drug tests also should take into consideration whether the recreational and/or medicinal use of marijuana has been legalized in the state where the employee works. Over 30 states and municipalities have legalized marijuana in some form.
• General employment laws. Each state has enacted its own general employment laws covering, for example, minimum wage, other wage and hour requirements, workplace safety, workers’ compensation, unemployment insurance, and anti-discrimination. Employers should review these laws and ensure their employee handbook, policies, trainings, and practices are in compliance.

Lake Effect is here to answer your state and federal employment law and HR questions related to a remote workforce. We continue to monitor important legal and HR developments, as well as COVID-related updates from federal, state, and local authorities. Please keep watching our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.

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In the face of this challenge, consider incorporating the following practices into your workplace culture to support your employees’ wellbeing and fulfill your organization’s mission and strategic initiatives.

• Maintain flexible scheduling. As home and work priorities shift, employees may be more productive and focused during non-traditional business hours or blocks of time during the day, including evenings and weekends. When team members work different hours, encourage them to communicate and be transparent about their schedules. This will promote a productive workflow and strengthen working relationships.
• Continue virtual work. If your team has proven they can be successful working virtually, continue to provide this flexibility. This may give those employees who need or want to work from another location an opportunity to spend the summer at their cabin, rent a VRBO, or stay with out-of-town family or friends for an extended time.
• Welcome the interruptions. Intentionally or inadvertently, we have met (or heard in the background) our coworkers’ furry friends, kids, family, and roommates. We’ve had an opportunity to visit our coworkers’ homes through the lens of our computer cameras during video conferences. Rather than begrudging the interruption, welcome this opportunity to get to know one other as individuals, not just coworkers.
• Encourage employees to collaborate on pod learning and/or caregiving responsibilities. As many school districts have decided on some version of virtual learning, employees may want the opportunity to work together to create pod learning or shared childcare. Connecting employees in this manner may provide them an opportunity to work alternate days or times. In addition, consider converting unused conference rooms to temporary classrooms or playrooms, just be sure to check with your worker’s compensation carrier.
• Promote wellness benefits and other wellbeing resources. Work closely with your benefits broker, understand your current organization’s wellness benefits, and educate your employees on these offerings. During your annual renewal, consider additional, lower cost, but high health reward benefits to better support the wellness needs of your staff. These benefits may include an employee assistance plan (EAP) or subscription services to wellness apps, online yoga classes, coffee clubs, or other services that support wellness activities for your entire employee population, even those who do not participate in your health, dental, and vision plans. Focus as well on virtual activities your employees can engage in together, such as company-wide or departmental fitness or step per day goals.
• Encourage use of paid time off. We might not be planning our once-in-a-lifetime vacation this year, but there are many adventures awaiting us locally. Remind employees of their PTO balance and encourage them to take time to recharge, this may include helping them efficiently tackle their work tasks so they can enjoy the time away. Add some fun and promote their time away by sharing pictures of their adventures on an internal shared site.
• Support your wellness/social committee. A wellness committee is usually made up of a group of employees that are passionate about wellness and engaging their coworkers in some office fun. This group may be able to plan virtual celebrations, arrange for group wellness activities, or delivery company branded gifts to employees’ homes, like customized face masks and small hand sanitizers! Include gift certificates to encourage employees to support local restaurants and shops.
• Review processes and procedures. Update processes and procedures to be more efficient and relevant in your current work environment. Review expense reimbursement procedures to determine if you should start reimbursing for employees’ virtual expenses, such as cell phone, internet, hotspot, or office supplies/equipment.
• Evaluate leaders’ job duties and responsibilities. In addition to leading people, leaders have their own job responsibilities and deadlines to meet. Provide leaders more time to lead during these uncertain times by transferring job duties that may provide others a growth opportunity. You may find that after updating processes and procedures to be more efficient, employees may have more capacity and would welcome to learn a new skill.
• Continue coaching and development efforts. Employees want and need frequent feedback and recognition, especially during times of change and uncertainty. Consider adapting your process to better suit your current workplace situation to ensure supervisors are frequently communicating with direct reports. Encourage managers to check in with their teams to find out how they are doing, if they need additional resources, and to remove any roadblocks.
• Keep calm and communicate. The COVID-storm has not passed yet, keep communicating frequently with your employees. Now, more than ever, employees want to know how COVID-related changes are impacting the organization and themselves. Discuss with employees the direction of the organization, how they can support the organization’s initiatives, and when they achieve their goals.
• Be true to your organization’s mission. When considering how to adapt your workplace, remember your guiding star – your organization’s mission, vision, values, and strategic plan.

If you have questions about managing and engaging a virtual workforce, leave requests, or other FFCRA or FLSA related questions, the HR and legal team at Lake Effect can help.

We are closely monitoring the impact of COVID-19 on the workplace. Keep watching for blogs and emails from your Lake Effect team for important legal updates and HR best practices. The attorneys and HR professionals at Lake Effect HR & Law are ready and willing to help. Contact us at info@le-hrlaw.com or 1-844-333-5253.

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Many people have discovered that they enjoy the flexible work schedule and wellness habits that they can incorporate while working at home. People have enjoyed sleeping in (minus the COVID-19 related dreams), eating healthier, taking walks in the afternoon, spending more quality time with the kids, working during their most productive time of their day, and implementing other work/life balance habits that were difficult to attain in the past. Some organizations are facing very dark days, reducing staff and pay, and anticipating future challenges. In the face of it all, however, organization leaders have expressed pride in the innovation, collaboration, resiliency, and flexibility of their teams over the past few weeks.

What can we learn from this? What can we adopt and incorporate to improve work performance, relationships and overall job satisfaction? Ask yourself and your team members what went well during this time and how you can continue to support new-found innovation, creativity, engagement, collaboration, and resiliency. Use this challenging experience as an opportunity to capture the best parts of your organization’s new normal and strategize now to prevent your organization from falling back into old, bad habits.

In addition, take some time to review your emergency and business continuity plans, handbook policies and procedures, and benefit plans to ensure that your organization is better prepared to manage future catastrophic events. You may want to consider some of the following:

• Implement an employee assistance plan, including free and confidential assessments, short-term counseling, referrals, and follow-up services to employees who have personal and/or work-related problems including work-life stressors, family issues, financial concerns, relationship problems, addiction concerns, etc.
• Implement a financial literacy and advisory program for your team to improve financial literacy, planning and security.
• Establish an internal Emergency Action Plan and communicate it to staff on a regular basis. Consider testing the plan with impromptu drills.
• Integrate flexible work schedules and virtual work opportunities that can minimize commute times, reduce transmission of infection, encourage healthy habits, and enable team members to spend more time with family. Expand leave policies to include care for close friends and non-traditional family members.
• Expand bereavement leave policies to include loved ones beyond immediate family members. Consider providing more than a few days to grieve or plan a funeral.
• Modify the way you coach and manage employees’ performance to move away from micromanaging to a results-based methodology.
• Move to a (more) paperless work environment to support virtual team members and improve organizational preparedness during unexpected disruptions or workplace closings.
• Review and enhance IT security to protect the information of your team members, organization, and clients/customers.

The legal and HR team at Lake Effect is closely monitoring the impact of COVID-19 on the workplace and will continue to provide our clients with updates as they are available. Check out our COVID-19 resource page for all of our pandemic-related legal updates and HR best practices. The attorneys and HR professionals at Lake Effect HR & Law are ready and willing to help. Contact us at info@le-hrlaw.com or 1-844-333-5253.

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The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) have extended the flexibility in complying with requirements related to Form I-9 until July 31, 2023. See below for more information on how to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents to complete Section 2 of Form I-9.

The current I-9 form is set to expire on October 31, 2022, but DHS and ICE have announced that employers are to continue using the current version beyond that expiration date until further notice.

** Update August/September, 2021 ***

We have two important updates for employers.

First, employers can continue remotely inspecting Form I-9, Employment Eligibility Verification through December 31, 2021. The Department of Homeland Security (DHS) has extended this flexibility as an ongoing precaution related to COVID-19. See below for more information on how to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents to complete Section 2 of Form I-9.

Second, as communities focus on how they can support recent refugees from Afghanistan and elsewhere, employers are reminded that refugees may work immediately upon arrival to the United States. While refugees wait for their Employment Authorization Document (EAD), they may present their Form I-94, Arrival-Departure record as proof of their permission to work in the United States, along with a document that establishes identity.

** Update June, 2021 ***

The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) has once again extended the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19.

The temporary guidance was set to expire May 31, 2021 and has been extended to August 31, 2021 due to ongoing precautions related to COVID-19. Employers and workplaces operating remotely can continue to inspect the Section 2 documents of the Form I-9 virtually through August 31, 2021.

See our below for more information on how to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents to complete Section 2 of Form 1-9.

** Update April, 2021 ***

The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) extended the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19. The temporary guidance was set to expire March 31 and has been extended to May 31, 2021 due to ongoing precautions related to COVID-19. Employers and workplaces operating remotely can continue to inspect the Section 2 documents of the Form I-9 virtually through May 31, 2021. See our original blog, below, for more information on how to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents to complete Section 2 of Form I-9.

** March 27, 2020 **

Over the past two weeks, the HR professionals and attorneys at Lake Effect HR & Law have been helping our clients weather the storm of COVID-19. Every day, we meet as a group on Microsoft Teams to collaborate on client issues, discuss and assess the latest developments, share legal and HR research we have conducted, and, equally as important, touch base with each other as friends, not coworkers. At the end of each meeting, we share quick tips that we have gained throughout the prior 24 hours. Please find below some of our latest tips for employers:

• Set up New Pay Codes for EFMLEA and EPSLA paid leaves: Establish two new pay codes in your payroll system to track employee time for paid time off under the Emergency Family and Medical Leave Expansion Act (EFMLEA) and the Emergency Paid Leave Act (EPLA). This will facilitate your ability to receive tax credits. See our summary of these acts Families First Coronavirus Response Act – Enacted 3/18/2020 which are part of the Families First Coronavirus Response Act.
• Inspection of Employee’s Form I-9 Work Authorization Documentation: Employers will not be required to review new hires’ identity and employment authorization documents in the employee’s physical presence when the new hire will immediately be working remotely due to COVID-19. Employers must still inspect the Section 2 documents over video conference, fax, or e-mail and obtain and retain copies of the documents within three business days. Employers are instructed to enter “COVID-19” as the reason for the physical inspection delay in the additional information field in Section 2. Employers that avail themselves of this option must provide written documentation of their remote onboarding and telework policy for each employee. This exception to the usual I-9 process will remain in effect until May 19th, or within three business days after the termination of the national emergency, whichever comes first.
• Direct Deposit of Paychecks: Encourage employees to sign up for direct deposit or pay cards in the event you are unable to deliver live paychecks in person or if mail is disrupted.
• Concerns About Employees’ Safety and Wellness while WFH: Encourage managers to conduct wellness checks on employees who are working from home. Certainly, check on employees COVID-19 related wellbeing. Further, not every home is a safe haven and some of your employees may have the additional stressors, including but not limited to finances, domestic violence, mental health, or addictions. Encourage your managers and HR to share resources for employees, including your employee assistance plan (EAP) and community resources like United Way’s 211, which is designed to connect people to needed social services, confidentially and free of charge. Individuals can call 2-1-1 or 877-947-2211 for help through United Way. If you need assistance finding resources, let us know and we can try to help.

The legal and HR team at Lake Effect is closely monitoring the impact of COVID-19 on the workplace. Keep watching for new blogs  or subscribe to our mailing list for important legal updates and HR best practices. If you have any questions regarding our quick tips, the attorneys and HR professionals at Lake Effect HR & Law are ready and willing to help. Contact us at info@le-hrlaw.com or 1-844-333-5253.

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Non-exempt employees WFH must still be paid at least minimum wage and compensated appropriately for all hours worked, including overtime. All of the federal, state, and local laws still apply!

Employers need to provide their employees with a reliable system to accurately track and submit their actual hours worked. Your remote non-exempt employees must be “clocking in” and “clocking out” during the work day. Keep in mind that federal and state laws requiring meal and rest breaks still apply to employees WFH. In Wisconsin, any break less than 30 minutes must be paid. This is a great time to review your policies and share them with your employees as a reminder.

Make sure your non-exempt employees WFH have a clear understanding of their scheduled work hours or the number of hours they are expected to work during a day, and that they must not work outside those hours unless requested to do so or get approval to do so.

Remind non-exempt employees that checking, reading, and responding to work-related emails or texts is “work” and must be recorded as time on the clock! Better to err on the side of paying people even for de minimus time. Now is not the time to unnecessarily reduce employee’s time or pay.

Make sure your managers are aware of their team members’ regularly scheduled work hours or the number of hours they are expected to work, and reinforce the expectation that non-exempt team members are not working outside those hours. If employees do work outside of their normally scheduled hours, they must track those hours and communicate that to their manager. The key is that employees are generally available during core hours of operation.

Review your process for submitting, reviewing, and approving requests for overtime to make sure it will work effectively with a remote workforce.

Under federal and Wisconsin law, employers are only required to pay non-exempt workers for their actual time worked. Employers may reduce non-exempt employees’ regularly scheduled hours due to closures, decreased demand, etc. However, if you have employees outside of Wisconsin, be aware that some states and cities require employers to pay workers for a certain number of hours if they have started their day or their scheduled workweek.

Employees cannot “volunteer” their services to their employer, even if an employee asks to do so! Federal, state, and local laws require employers to compensate non-exempt employees for all time worked and any time an employer suffered or permit an employee to work, whether with or without your approval.

Generally, employers must pay for the expenses non-exempt employees incur to work remotely—such as buying a laptop or a different smart phone plan—if requiring the employee to pay for it would result in the employee’s wages falling below the required minimum wage. However, some states outside of Wisconsin require employers to pay for employees’ business related expenses incurred when working remotely. Best practice is to ask employees what they may need and provide any paper, ink, files, etc that they may need, or permit them to expense any incurred costs.

For HR tips, see our blog on sustaining your culture with a remote workforce.

The attorneys and HR professionals at Lake Effect HR & Law are ready and willing to assist and advise if you have questions related to employee classifications, remote working options, or general Fair Labor Standards Act matters. Contact us at info@le-hrlaw.com or 1-844-333-5253.

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Working from home sounds great, but it takes discipline and practice for the transition to be successful. Below are a few tips from the Lake Effect team on working remotely.

• Set Up A Workspace. If you don’t have a designated home office, create a separate place that is considered your “workplace” with minimal disruptions, even if it is temporary and used for other things later in the day. If the space is used for other things or even visible later in the day, try to pack up or tidy the area to transition back to home life. Jenn likes to be extra tidy and hides her phone charger in a secret hiding place, so her son doesn’t “mistakenly” think it’s his!To minimize distractions from family members, consider creating and communicating your schedule or times that you will be available to them. Leann and her husband tag team parenting and working from home. When one is WFH, the other is the main parent contact for the kids.If you don’t have the background noise and miss the noise of an office, try finding music that you can work to. Hannah finds it easier to focus to upbeat instrumental hip hop playlist when working from home.
• Create A Routine. Start your day as if you were commuting to work – pick up the house, prep healthy snacks for your workday, shower and eat breakfast away from your workspace. Make a realistic schedule for your day so when you are ready to begin the day you have a plan – those distractions will be minimized if you have a plan. Be compassionate with yourself if at first those distractions win and you don’t stick to your schedule. Sometimes, the list looks more manageable the night before or early in the morning than when the day actually rolls out.Remember to step away from work during the day to stretch, get some fresh air and to give your eyes a break from the computer screen. When Tricia works from home, she tends to create a list and tackles at least a certain number of tasks or works for a certain amount of time and then will move around the house to switch laundry, eat lunch or empty the dishwasher.Without a commute, you may have an additional hour in your day. How can you use this time to create a healthy habit? Can you convert the “drying rack” back to a treadmill and start walking 30 minutes every day, read business related books, or add a morning yoga/meditation routine? Jane and Sheila exercise with their kids and dogs to burn some energy and take a break from emails and virtual classes. This may also be a great way to end your day and flip the switch from work to home.
• Communicate Your Schedule/Availability to Your Coworkers. Working with and being available to your team is still essential when working remotely. If you are using tools like Microsoft Teams or Slack to collaborate, make sure you are logged in and available to your coworkers while you are working. When the Lake Effect team sees each other online in the morning, we send a quick ‘good morning’ message to each other just like if we were arriving in the office. Of course, as Peggy will tell you, our texts start much earlier. If you aren’t proficient in using these tools, believe us, it gets easier each time!If you have “left the office” for the day, honor your time away from work. When work is just a few steps away, it is easy to take a minute, which can turn into an hour, to respond to an email. Balancing time with yourself, your family and friends is essential during this time.
• Pick Up the Phone or Initiate a Video Chat with Your Coworkers. Texting and email are efficient ways to communicate a direct message but calling or initiating a video chat with your coworker may be a more effective approach to discuss and solve more complicated issues. It also provides an opportunity for a social interaction, all while practicing social distancing, and your coworker may even have a Netflix or book recommendation for you! At Lake Effect, we have an ongoing list of book, movie and TV show recommendations in Teams.
• Put Down the Cookies and Get Moving. You know this has happened already, especially if you are working close to the kitchen! By prepping your snacks and meals at the beginning of the week or day, just as you would if you went to the office, the cookies and chips will be less tempting – okay, probably not less tempting but you have set yourself up for successful, healthy habits! Also take time to work out and decompress each day. If the sun is shining, go soak it up!!!

We are all wired differently when it comes to our preferred work styles and what works for us when working remotely. Knowing how you work best can help in your success to work remotely or in the office. If you have taken your Everything DiSC Workplace, pull out your profile or log in to www.myeverythingdisc.com and review your Motivators/Stressors. For those of you who need a refresher or may not be familiar with DiSC (a personal assessment tool to improve work productivity, teamwork and communication), here is one motivator of each style: (D) multi-tasking, (i) teamwork, (S) steady pace, (C) clear guidelines. Using these motivators as an example, a person with a preferred style of i may want to consider scheduling time throughout the day to work with other team members. As we are all navigating our new WFH situation, make sure you are asking your coworkers and your supervisor for what you need to be successful in the workplace.

Stay well, be kind, and grant each other grace. If you see a coworker struggling with working from home, reach out and share your best practices.

The attorneys and HR professionals at Lake Effect HR & Law are ready and willing to assist and advise if you have questions related to engaging your remote team or learning more about DiSC. Contact us at info@le-hrlaw.com or 1-844-333-5253.

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Engaging Your Team.

• Set Clear Expectations. Communicate with your team members if you expect them to be available and on-line during specific hours, accessible on certain technology platforms, and meeting certain deadlines – just as if they were working in the office.
• Provide the Necessary Tools and Resources. Arrange for your team members to have access to the technology, files, and office supplies they need to perform their jobs. Offer flexibility for childcare, taking care of ill family members, taking care of themselves, or basic physical and mental wellness during this time of social distancing.
• Communicate Related Policies and Any Other Temporary Policy Changes. Remind employees that policies, such as attendance, request for time off and leaves of absence, still apply and some, like anti-harassment/discrimination and use of technology, also pertain to email, chat, text, video, social media, etc.
• Continue Coaching & Development Conversations. Continue regularly scheduled 1:1 meetings, encourage on-line learning, and be accessible to your team. If working remotely is new to your team members, ask them if they need help navigating the new work situation.

Sustaining Your Workplace Culture.

• Continue Regularly Scheduled Workplace Gatherings. If you normally have daily stand-up meetings, weekly staff meetings, etc., continue to hold them using technology.
• Consider a Daily Message From Leadership. During any time of change, regular communication is important. Consider a daily video call, email or chat post from a leadership team member to communicate most recent changes, status of company, etc.
• Consider Daily Department Meetings. If your team is used to being together each day, consider implementing a daily department conference call so the team can connect, communicate deadlines, and collaborate.
• Live Your Values. Continue to support your values by implementing new practices aligned with your mission, vision and values.
• Celebrate and Have Fun. We are all navigating our current situation together and learning as we do. It is stressful and uncertain. Have fun, laugh, connect and celebrate as often as you can. If you celebrate milestones (birthdays and anniversaries) in the office, continue the tradition virtually. Now may be a great time for your Engagement/Wellness Committee to create some fun virtual activities!
• Trust. You hired your team members because you believed they could perform their job. Allow them to do what they excel in, support them during this change and see how your team can become stronger yet during this time of uncertainty.
• Stay well, be kind, and grant each other grace. When we get to the other side of COVID-19, we may have more best practices to implement in our daily work lives.

Keep watching for blogs from your Lake Effect team for important legal updates and HR best practices. The attorneys and HR professionals at Lake Effect HR & Law are ready and willing to assist and advise if you have questions related to engaging your remote team. Contact us at info@le-hrlaw.com or 1-844-333-5253.

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