OM 42 W W W. A L A N E T. O R G success BLUEPRINT for REMOTE ADVICE FOR SETTING UP EFFECTIVE HOME OFFICES BY MARY K ATE SHERIDAN Home-office blueprints, furniture samples, organizational tools: These items probably seem most fitting for a home remodeling show on HGTV, not as focal points for law firm administrators. While you probably won’t be donning a hard hat or wielding paint brushes any time soon, homeoffice setup may actually be an important aspect of your firm’s policies. The home was the top location for telework in 2006, 2008 and 2010, according to WorldatWork’s report “Telework 2011.” Even if your firm does not formally offer telecommuting, working remotely is no doubt a frequent practice for many of your attorneys. As working from home becomes increasingly standard, it is important to examine your policies, protocol and tools for employees’ home offices. Among the areas your firm may consider are technology, ergonomics, safety, setup, training and compliance. LEGAL MANAGEMENT J U LY/A U G U S T 2 0 13 43 Jessica Bonness, Interior Designer and Owner, JGB Interiors “Always have more storage space than you think you need.” TECHNOLOGY In today’s constantly plugged-in world, nothing is more important for home-office setup than proper technology, including equipment, connectivity options, collaborative tools and support mechanisms. Equipment When it comes to home-office technology, firms do not need to look much further than their main offices. “I don’t think a home user has any better or worse requirements than an office user, so I would treat them the same,” said Marcus Bluestein, Chief Technology Officer at Kraft & Kennedy, Inc. APP-LYING ERGONOMICS For office setup and healthy workday exercises, nothing beats a knowledgeable ergonomics expert. But for those moments when an ergonomics consultant is unavailable, or you need some quick advice, an app may do the trick. Check out some ergonomics-based apps below. • Ergominder: This app supplies brief exercises that users can perform at their desks, as well as reminders to complete the exercises. • Ergonomics: Not only does this app provide tips for ergonomics setup, but it also offers break reminders and stretching activities. • Office Ergonomics: Created by EWI Works, this app offers guidance on setting up a work station with proper ergonomics. • PostureTrack: Users can keep track of their posture as they sit at their computers and can monitor how they maintain their posture over time with this app. • Save My Eyes: This app reminds computer users to rest their eyes every 20 minutes. 44 W W W. A L A N E T. O R G In terms of specific equipment, Bluestein recommends that firms provide at least the following tools to home workers: • L aptop (which is not only portable but is easier to ship to the main office in case of problems) • Laptop docking station • Monitor • All-in-one printer and scanner • Video camera (if one is not installed on the users’ computer) Connection Internet connectivity is a must for home-office users. Firms must decide whether they will provide Internet service or if the employee should be responsible, which may depend greatly on the home service’s capability and reliability. Given the importance of Internet connection, firms may provide additional tools such as broadband or MiFi to proactively address connection outages, said Bluestein. Once an Internet connection is established, teleworkers need access to the firm’s network. According to Bluestein, connectivity options include: • Thin Client Solution: Thin client programs such as Citrix XenApp, Citrix XenDesktop and VMware Horizon View allow users to connect remotely to the network from any location without installing office applications on their computers. • V PN: With a VPN solution, users access the network through software installed on their computers or via physical routers located in the home offices, both of which allow a secure connection between the home and firm networks. • P hone System: A firm also may connect teleworkers to the phone system through a remote connection or hardware-based VPN. With this option, the home-based user can make and receive telephone calls as though he or she is in the office. Collaborative Tools Firms can address “face-time” concerns by providing collaborative technology. One useful collaborative tool is the Jessica Ellison, M.S., CPE, CSP, Principal Consultant /NorCal Operations Manager, EORM “I wouldn’t leave [home-based employees] totally to their own accord. I would at least provide some training and guidance on how they should set up their work stations.” video camera, said Bluestein, who believes it is important to establish a visual relationship with home workers. Bluestein also recommends interactive tools such as Microsoft Lync, which allows users to instant message, teleconference, videoconference, and share their desktops, as well as see each other’s availability – a bonus when one can’t quickly stop by a colleague’s office. Setup and Support Offering adequate technology support for home-based employees is crucial, whether it’s in-home, telephone or Internet-based assistance. “It’s frustrating for people who are setting up their work stations at home if they don’t know what they’re doing,” said Michele Collier, Director of Human Resources at Davis Wright Tremaine LLP. Davis Wright provides in-home setup and online tip sheets to its three formal teleworkers and attorneys who informally work remotely. In-home set up is more time- and resource- intensive. But it can be beneficial because the IT professional can assess the users’ technological environment and connectivity, making it easier to assist with future IT issues, said Bluestein. However the firm decides to address setup, it should also plan how it will support home-based workers. One essential tool is the ability to remote in to the user’s work computer so IT can see the problem, said Bluestein. ERGONOMICS Ergonomics is an important consideration because homebased employees “have the same potential for ergonomic injury,” said Jessica Ellison, M.S., CPE, CSP – Principal Consultant / NorCal Operations Manager at EORM. After deciding which ergonomics tools to offer, firms should provide a standard products list that includes a few options in each category, said Ellison. Also important is ergonomics support. Firms don’t need to send a specialist to each employee’s home, but they can offer assistance through telephone consultations, online self-assessment tools, and basic training, said Ellison. “I AT HOME but STILL non-exempt Any discussion on home-office protocol is likely to be accompanied by a broader discussion on your firm’s telework policy. While telecommuting can provide a host of benefits to both the firm and its employees, firms also must prepare for potential problems that may arise from telework arrangements. One area for which firms should have a plan is compliance with wage and hour laws. If your firm allows non-exempt employees to telecommute, it must ensure that they are working the correct number of hours and taking appropriate breaks. “What’s extremely important is monitoring the employee’s activities [and] making sure that you define the work day,” said Ostroff. Nonexempt employees should be required to confirm when they are working, when they log off, and when they are taking breaks, and firms must track the activity, he said. In addition, firms should be aware of the wage and hour laws of the state in which the non-exempt employee’s worksite is located and how those laws apply to the employee, said Ostroff. “For example, there may be differences in state law regarding exempt status, overtime, vacation benefits, rest and meal breaks, and payment of final pay that can be a source of potential liability to an employer with employees who telecommute from multiple states,” he said. LEGAL MANAGEMENT J U LY/A U G U S T 2 0 13 45 Matthew Stegmeier, Workplace Change Management Consultant, Stegmeier Consulting Group “You can’t simply just send a bunch of people home and assume it’s going to work out well. There’s more to it than that. ... You need to go about implementation the right way.” wouldn’t leave [home-based employees] totally to their own accord,” she said. “I would at least provide some training and guidance on how they should set up their work stations.” Below are some useful ergonomics tools for home offices. etc. But employees aren’t lounging – they’re working on their computers and require a supportive seat. Ellison recommends a chair that is padded and that specifically fits the employee. onitor and Keyboard M From an ergonomics perspective, a laptop alone is not sufficient for home-based employees; a separate monitor and keyboard are optimal. Laptops don’t allow people to achieve a neutral posture, said Ellison, who emphasizes the importance of the keyboard being at elbow height and the monitor at eye height. SAFETY Just as your firm plans for safety hazards within its office buildings, it should provide safety guidance to attorneys and staff who work from home. A firm should include safety standards in its policy and require employees to comply in order to work from home, said Ellison. She suggests that a firm’s safety standards include Possible keyboard options include ones without numbers on the right-hand side (reducing the distance to the mouse), standard split keyboards, and adjustable split keyboards, said Ellison. • • • • • • Mouse Another important ergonomics feature is a well-suited mouse. The mouse must fit the employee’s hand well, said Ellison, who suggests offering a variety of sizes. Mouse pads with wrist cushions are not essential, however. “[It is] better to have their hands supported by the mouse and do small movements with the shoulder,” said Ellison. Chair Without proper home-office seating arrangements, teleworkers may gravitate towards the areas where they normally lounge: the couch, kitchen table, counter stools, Tripping hazards Clutter-free work space Emergency evacuation plan Emergency contacts Fire and smoke alarms Restrictions on “baby chaining power cords” SETUP AND ORGANIZATION Establishing a home office isn’t as simple as placing a desk in the middle of a room. Home-based employees must set up their offices thoughtfully to optimize productivity and to safeguard firm data. Location Attorneys spend hours at their desks, so creating a comfortable, inspiring space is essential. “Make it a place you actually want to work,” said Jessica Bonness, interior STAND UP for HOME OFFICES The standing desk seems to be all the rage these days, especially with recent reports noting the detriments of sitting all day. “One of the big trends that we keep hearing about is sit-to-stand work stations,” said Ellison. Offered in both electronic and hydraulic versions, users can adjust the desk so that they can either sit or stand at it. But is this trendy office furniture worth it, and should your firm supply home offices with this type of desk? “Ergonomically, it gives people a chance to move and work in a different position during part of the day,” said Ellison. But these work stations are expensive, and many people end up using a stool with the “standing” setting rather than remaining standing to work, she said. ? ?? Where does your firm stand on the issue 46 W W W. A L A N E T. O R G designer and owner of JGB Interiors. Bonness recommends that home workers create a designated office space that isn’t combined with another room – such as a guest room – when space allows. And they should avoid placing their office space near a kitchen, play room, or any other place that invites distractions, she said. Bonness also suggests locating the home office near windows. “It makes people feel part of the larger world and not shut in at home away from people,” she said. Storage While a significant amount of your firm’s work is likely paperless, home-based workers should still have adequate storage so that their work spaces are organized and confidential firm data is secure. “Always have more storage space than you think you need,” said Bonness, who suggests having a rectangular-shaped desk that allows for underneath storage like filing cabinets. Firms may require employees to have lockable storage. Given that other family members or guests may have access to the employee’s home office, firms should emphasize the importance of safeguarding confidential information. MANAGEMENT SUPPORT In addition to establishing home-office protocol, administrators should also focus on gaining buy-in from senior management, who may cling to the need for “face time.” “You can’t simply just send a bunch of people home and assume it’s going to work out well,” said Matthew Stegmeier, Workplace Change Management Consultant at Stegmeier Consulting Group. “There’s more to it than that. ... You need to go about implementation the right way.” Stegmeier recommends that firms engage in change management, openly communicating about the changes stemming from home-office use. For example, firms may host town hall meetings and employee engagement groups, or they may address concerns via email. LEGAL CONSIDERATIONS Telework may give rise to a myriad of legal issues, some relating directly to home-office arrangements. Firms should consult counsel to plan for such concerns. Below are some areas firms may evaluate as they develop their home-office protocol. Workers’ Compensation Workers’ compensation coverage is not limited to your office building, and your firm should carefully evaluate how home-office arrangements affect coverage and the firm’s responsibilities. Of particular importance are situations in which an employee’s worksite is located in a different state than the firm’s office or offices. In general, employees are covered by the workers’ compensation laws of the state in which their work site is located, said Paul Ostroff, Shareholder at Lane Powell PC. “For employers who may currently operate in a single state, they need to be conscious that they consult with their insurance professional to make sure they have a policy in place that covers employees on a multi-state basis,” he said. If the employee’s home office is located in a state with a monopoly state fund, however, “the employer must actually be set up under that state’s workers’ compensation fund plan,” said Ostroff. Also critical to handling workers’ compensation concerns is properly training employees. “I think it’s important for telecommuting that [employees] understand that they report all injuries, which is the same policy you should have in place for all of your employees,” said Ostroff. Occupational Safety and Health Act (OSHA) Employer liability relating to home offices and the OSHA is still a murky area. But firms should discuss potential issues with counsel so they are prepared. As a best practice, firms may request a video or photograph of the work site to understand what it looks like, said Ostroff. Privacy Of course, requesting photos, videos or access to an employee’s home may trigger privacy concerns, and firms should consult with counsel to understand the proper boundaries. In addressing privacy concerns, firms may implement a work-from-home agreement that requires employees to acknowledge that 1) their work activities are subject to being monitored and 2) that the home office is an extension of the workplace, so privacy rights are not heightened in terms of work performed at home, said Ostroff. g About the author Mary Kate Sheridan is a writer, editor, blogger and attorney. She received her JD from Columbia Law School from Columbia Law School and her bachelor’s degree in English from Mary Washginton College. Contact her at mk@marykatesheridan.com. LEGAL MANAGEMENT J U LY/A U G U S T 2 0 13 47