Human capital and legal perspectives on remote work: recommendations for organizations

As a result of COVID-19 and associated stay-at-home orders, the number of employees working remotely reached unprecedented levels during early periods of the pandemic. Since that time, some employees have returned to the office; yet, there is a lasting impact on employees’ desires for remote work. In response, decision-makers in organizations should be equipped with knowledge regarding what makes remote work beneficial for both employees and the organization and also fair and compliant with the law. This paper aims to take a dual perspective spanning human capital and legal aspects of remote work to offer six practical recommendations to organizations.

This paper reviews the human resources (HR) scholarly literature on remote work, using principles from evidence-based management to select valid and reliable findings in which to base practical recommendations for organizations. Associated legal risks are identified through a review of the legal literature on remote work and integrated into the recommendations.

Building on a multilevel model of HR practices, the authors offer the following six practical recommendations to organizations: offer hybrid work and both location and schedule flexibility; ensure fair and compliant work schedules; acknowledge manager perceptions; ensure fair approval and evaluation of remote workers; acknowledge individual workers; and align remote work practices with diversity, equity and inclusion efforts.

The multilevel model of remote work practices discussed in this paper offers an organizing framework for identifying advantages and disadvantages of remote work that future research may build upon. The six recommendations help bridge the research–practice gap by providing organizations with knowledge on how to maximize the benefits of remote work while mitigating potential legal risks.