Ethical, Legal Considerations for Remote Work.

• Author: Eyre, Peter
• Position: ETHICS CORNER

Two and a half years into the COVID-19 pandemic, contractors have navigated numerous challenges facing their workforce. From creating new workspaces and practices to keep employees safe and secure, to adopting flexible and virtual work arrangements, to addressing the ever-present plague of "pandemic fatigue," organizations continue to manage the changing landscape of the new reality.

As contractors settle into this "new normal," it is also important that they remain vigilant to the ethical considerations and challenges that can arise in remote work environments, which are still relatively new to many companies.

The Pew Research Center recently reported that nearly 57 percent of the remote workforce either rarely or never worked from home prior to the coronavirus outbreak. With the reduction in daily connectivity to coworkers, supervisors and workplace resources--as well as the shift away from traditional methods of training, connecting and monitoring--the risk is greater than ever that employees could begin overlooking, or at the very least, become laxer in adhering to company ethics and compliance obligations and best practices.

Against this backdrop, here are some key areas for compliance attention and best practices for both contractor employees and employers when working in remote and virtual environments.

First, there are timekeeping considerations. Since the onset of the pandemic, there has been a significant reduction in staffing at both customer sites and contractor work locations.

The shift in physical distance and workplace culture means that many employees are no longer subject to the same degree of supervision and are also likely juggling an increase in personal and familial responsibilities throughout the day, thereby further escalating time constraints.

All these factors may lead to an increased opportunity for labor or time mischarging--whether intentionally, due to carelessness or otherwise--which brings with it an increased potential of False Claims Act risk for contractors that operate under certain types of contracts.

Second, consider supervision and approvals. When working in a remote environment, a shift away from daily in-person oversight of employee activities does not provide justification to be any laxer in adhering to supervisor responsibilities, such as the review of work product, task tracking or reimbursement or time approvals.

Contractors should consider adjusting the way they conduct supervisory functions and...