Your Remote Work Policy Is Out of Date. Here’s Why That Matters.

If only policies were set it and forget it! But workplace obligations are constantly changing. If your business has any employees working from home — even part-time, even occasionally — you need a written remote work policy. Not a verbal understanding. A documented, legally reviewed policy. And you need to dust off the one you pulled together for the pandemic in 2020 and update it to reflect your actual workforce.

Remote Work Firmly Established: As of early 2026, approximately 22.8% of U.S. employees work remotely at least part of the time. Hybrid is the dominant model, with an estimated 64% of companies using some form of flexible schedule. A 2025 Deloitte survey found that 65% of Gen Z and Millennial employees say they would leave if forced back to the office full-time. Flexibility is now a recruiting and retention tool, not a perk.

It’s not remote work that creates problems — it’s undefined remote work. According to JDJournal’s 2025 workplace trends study, poorly defined remote policies are among the top contributors to employee frustration, burnout, and turnover.

What the absence of an accurate policy actually costs you. If an employee works remotely from a different state than your business, you may owe payroll taxes there, be subject to that state’s leave and wage laws, and be required to post state-specific employment notices. Several states updated these requirements in 2026 specifically to address remote workers. Beyond compliance, vague expectations breed resentment — particularly when some employees receive flexibility informally and others don’t. And without clear performance standards, managers default to measuring visibility rather than output, which drives away your most capable people.

What a good policy covers. You don’t need 40 pages. You need clear answers to the questions employees are already quietly asking: Which roles are eligible for remote work? What are the expected core hours? How is performance measured? What happens if someone wants to work from another state? How are requests made and approved?

Remote work policy sits at the intersection of HR strategy and employment law — and those can pull in different directions if you’re not careful. Because Foley HR Solutions is a service of Foley & Foley, PC, our HR and legal teams work from the same foundation. You get policy guidance that’s both employee-friendly and legally sound, from one team, in one engagement.

Schedule your free consultation with Foley HR Solutions and let’s make sure your remote work policy is ready for where work actually is today.

Foley HR Solutions is a fractional HR service of Foley & Foley, PC — serving employers nationwide. 📞 1 (508) 548-4888