More than two years since the start of the pandemic, many workers continue to work from home in some capacity. In fact, several companies are offering remote positions as a hiring incentive and to increase their job candidate pool. Before entering into remote work arrangements with employees, especially those who are hourly and nonexempt, companies may consider reviewing several factors to ensure that the arrangement will be feasible.

These factors may include whether the employee will be working in a location where the company can ensure compliance with applicable state and local employment laws, whether the employee can maintain the same quality and quantity of work product while working remotely, and if the employee can obtain access to company data and maintain the confidentiality of such information.