Bill on remote work policy fails in House

LITTLE ROCK — A bill that would require state agencies to establish guidelines for remote work failed to pass the Arkansas House on Thursday.

House Bill 1326, by Rep. Julie Mayberry, R-Hensley, received a vote of 42-41, with 11 members voting present, falling short of the majority needed for passage in the 100-member chamber.

A motion to expunge the vote to allow for further discussion also failed.

Mayberry said she was inspired to sponsor the measure after hearing from a state employee who saw their productivity, health and finances improve after switching to a remote work schedule. She said research showed many states had remote work policies that pre-dated the coronavirus pandemic, and a survey of Arkansas state agencies last summer found that 80% had employees who worked remotely.

The bill is intended to provide protections for both state employers and employees, said Mayberry.

“We’re not saying you have to work remotely,” she said. “We are allowing the employer to work out in advance … a contract between the employer and the employee so we have guardrails in place so things are not taken advantage of.”

Under the bill, each state agency would be required to establish a policy “under which eligible employees of the state agency may be authorized to perform remote work.”

Among other requirements, the legislation would task state agencies with notifying all employees of their eligibility to perform remote work, ensure the remote work policy “does not diminish employee performance or state agency operations” and provide “training to all employees regarding the duties and responsibilities of performing remote work.”

The bill would also require each state agency to provide a detailed report to the House and Senate committees on State Agencies and Governmental Affairs each October.

Rep. Mark Berry, R-Ozark, opposed the bill, saying heads of state departments had changed since research on the bill was conducted.

He raised concerns that the bill could lead to labor disputes and spark expensive grievances against state agencies. Having more state employees working from home could also damage the public’s image of state government, Berry said.

“I’d love to sit on the couch and sit and watch Rachael Ray and do my emails and exercise and things like that instead of being in the office,” Berry said. “But it sends a bad image for government to be working in that environment.”

Rep. Jack Ladyman, R-Jonesboro, spoke in favor of the bill, saying he had worked remotely for much of his career and that his schedule had allowed his company to save money on office space and utilities.

Rep. Jeff Wardlaw, R-Hermitage, questioned how remote work would allow state government to save funds on office space given that state agencies already occupy several buildings.

“Are you saying we’re going to do away with these offices?” said Wardlaw.

“If this was my corporation, I’d rent those offices out and have an income,” said Ladyman.

Speaking in favor of the bill, Rep. Aaron Pilkington, R-Knoxville, said state officials could use software to monitor the productivity of employees on remote work schedules. Supporting remote work could also allow state agencies to hire more Arkansans outside the Little Rock metropolitan area, he said.

House Majority Leader Marcus Richmond, R-Harvey, who opposed the bill, said he would like to see more involvement from the executive branch on the measure.

“We are force- feeding something to the executive branch,” he said.

Mayberry pointed to four state officials who voiced support for the bill during a committee hearing the day before. A spokesperson for the governor’s office did not return email and text requests for comment on the bill.

A House member could still make another motion to expunge the vote. Monday would be the last day a lawmaker could move for reconsideration or give notice of reconsideration, said Cecillea Pond-Mayo, spokesperson for the House, in a written statement.