Remote Work: From Necessity to Contested Ground

Jennifer A. Morales, SPHR

Principal Consultant, Capstone Certified HR Advisors, LLC.

May 3, 2024

The COVID-19 pandemic triggered a rapid and massive shift to remote work. What started as a response to a public health crisis quickly exposed both the advantages and the hurdles of remote work.  Now, with the pandemic in our rear-view mirrors, the debate surrounding remote work models continues to heat up.  Some organizations have wholeheartedly adopted long-term remote options, while others yearn for a return to the traditional office setting.  At the core of this discussion lies a fundamental question: how should we view remote work arrangements?  Is it a fundamental right, a necessary accommodation to expand the talent pool, or simply a privilege?  The answer to this question significantly impacts how we approach remote work, potentially introducing emotional biases that can cloud our judgment.

Initially, remote work was primarily utilized by an offshore workforce or specific professions such as writers, software engineers, and some customer service positions.  Enter the pandemic: remote work became a vital adaptation that allowed businesses to continue functioning amid lockdowns and social distancing mandates.  Employees, many of whom had never worked remotely before, experienced increased flexibility and the elimination of stressful commutes.  On the employer side, remote work kept operations running and, in some cases, even boosted productivity.

However, as the pandemic wore on, employers and employees began to see the complexities of a fully remote model.  While not universal, an underlying layer of mistrust often hinders the search for middle ground and understanding of the challenges faced by both employees and employers in remote work arrangements.  Coupled with the emotions behind the initial question – “is remote work a right, an accommodation, or a privilege?” – the path to finding middle ground becomes longer. In this article, we'll explore these challenges.  As you read, you are encouraged to keep an open mind.

Let’s begin by examining some of the components of work from home that are not subjective or emotional.  Topics that we know to be true.

Labor Laws, Taxes, and their Associated Costs

State-by-state variations in labor laws, including paid leave, unemployment insurance, and income taxes, pose significant challenges to the growing trend of remote work. While some states offer generous paid family leave programs, others offer none. Income tax adds another layer of complexity, with workers potentially taxed in both their state of residence and where they work. This "nexus" issue can further burden employers with additional tax and regulatory obligations in states where remote employees reside. Managing unemployment insurance also becomes more complex and costly for employers with a geographically dispersed workforce. These challenges are particularly acute for smaller employers who may lack the resources to navigate this complex regulatory landscape, while larger, multi-state companies may be better equipped to handle the administrative burden. While these challenges shouldn't deter employers from considering remote work, they underscore the need for careful planning and consideration of the associated complexities before committing to a remote work model.

Confidentiality and security

Remote work presents a unique challenge: maintaining confidentiality in non-traditional work settings.

Consider the infamous case in Texas. A BP mergers and acquisition executive was working from home when her husband overheard a confidential conversation about a potential acquisition. He subsequently used this information to make profitable trades, resulting in his conviction for insider trading, the loss of his spouse’s career, and the destruction of their marriage.  Secure and soundproof environments are crucial to prevent accidental leaks of sensitive information and underline the importance of clear boundaries and dedicated workspaces, even when working remotely.   Consider this the next time you are at a Starbucks or airport lounge discussing sensitive matters.  If information leaks can happen from your home, it can happen anywhere.  We all know to be careful, but mistakes happen.

Company laptops and phones can be lost or stolen outside the office, and home Wi-Fi networks often lack corporate-level security. Enforcing security policies and keeping everyone up-to-date on protocols is harder with a dispersed workforce. Remember, employers have fiduciary and shareholder responsibilities. Implementing remote monitoring capabilities on company-issued laptops is not an act of aggression or mistrust, it’s a way to protect themselves from liability.

Cameras, Commuting, and In-Person Meetings

Once remote work arrangements are established, new issues emerge, and the use of cameras during work hours is particularly contentious. Many employees feel uncomfortable with constant camera monitoring, while employers see cameras as a way to ensure focus, foster collaboration, and build a virtual sense of team presence.

A potential compromise lies in reasonable notice and selective camera use. We know communication extends beyond words – consider performance reviews, team building, training, or investigations. In these instances, it's reasonable for employers to request cameras be turned on. However, employers should provide clear notice as soon as they determine cameras will be needed, ideally at least one hour before the meeting. This gives employees time to prepare their workspace and address privacy concerns, while still allowing employers the benefit of visual interaction when it's truly valuable. Employees, when asked, should respond professionally, and comply with the request.

The question of commuting and in-person meetings is another challenge.  A fair policy may hold employees responsible for regular commutes to the office. If an employee lives within commuting distance to the office and employees move further away, the burden of travel may fall on the employee, or the employer may cover the expenses.   What about the employee who fails to notify his workplace that they are traveling with family while working and gets summoned to the office for an emergency meeting?  Clear expectations must be established upfront and regularly reviewed, especially if employees relocate while maintaining their remote work status.

Ok, now for the hard part: the subjective topics, the emotional stuff.

"Remote work" or "work from home"? While often used interchangeably, there's a distinction. Early in the remote work revolution (pandemic), it was primarily associated with working from home. However, remote work offers more flexibility – think coffee shops, co-working spaces, or even working while traveling.

Is remote work abused, or are employers simply mistrustful? The unfortunate answer is yes to both. Evidence abounds on platforms like TikTok and Reddit – ads for mouse jigglers to simulate activity, and Reddit posts showcasing emails from bosses demanding status changes for even quick bathroom breaks. Thankfully, these cases represent the extreme outliers. The truth is, if you need a mouse jiggler at work, or if you're that kind of boss who demands minute-by-minute status reports, you're contributing to the problem. And please, don't justify owning a mouse jiggler because your employer is unreasonable. Your solution is a new job, not a workaround that undermines a healthy work environment for most of the remote workforce.

Early careers can flourish in an office environment. The face-to-face interaction with colleagues fosters mentorship and on-the-spot learning that can be invaluable for young professionals. This organic exchange of ideas and experiences fuels both employee growth and company success. Employers benefit from this collaborative energy as well, as it fosters innovation and problem-solving that can be difficult to replicate virtually.

Are you setting a healthy boundary or avoiding responsibility?  Boundaries are essential for productivity, mental health, and managing work-life challenges, especially when working remotely. Constantly blending home and work responsibilities throughout the day leads to burnout, decreased success, resentment and isn't sustainable long-term.  Set clear boundaries between work focus and home focus.  Have small children?  Secure childcare just as you would with an office job.   Employers, be understanding of occasional disruptions like sick kids or closed daycares, offering flexibility when possible. If interruptions become a pattern, address it directly with the employee involved, not through blanket reminders. Likewise, if you're facing recurring distractions, don't expect colleagues to constantly tolerate them – address the root cause. For the long-term success of your mental health, relationships, and career, establish a clear separation between work time and family time.

Employees: Communication, Respect, and Honesty

Engage in respectful and open conversations with your employer. If you have needs, advocate for them, but avoid the expectation that your employer is responsible for fixing all issues. Remember, there's a difference between empathy and outright responsibility.

Respect your colleagues. If you're working remotely in a different time zone, be responsive and accessible to avoid delaying their work. Communicate and find compromises – sometimes you won't get your way, and that's okay.

Above all, be honest and transparent with your employer. Allow them the time they may need to develop solutions.   Understand that requests can, at times, take a little time to get to the “yes.”

Employers: Trust, Clarity, and Action

Trust your employees. Take swift action when remote work policies are violated, but don't punish everyone for the actions of a few. Set crystal-clear expectations for remote work arrangements.

The last few years have tested us all. Now, it's time to release pandemic-era grudges – against employers, colleagues, and ourselves. Let's use the lessons we've learned to shape a better, more collaborative way of working remotely. A long-term sustainable remote work framework requires compromise and depends on open communication, clear expectations, and a mutual willingness to find creative solutions.

(c) 2024 Capstone Certified HR Advisors, LLC.