Can I Be Forced To Sign A Telework Agreement

Birgit Pauli-Haack  

Given the rapid evolution of the COVID 19 epidemic, the potential impact on the health and safety of workers and the Community, and the potential consequences on the company in the event of a simultaneous illness of large numbers of workers, it is wise for employers to anticipate the possibility of compulsory temporary telework. Case-by-case agreements or small agreements may be appropriate for staff who have been exposed to or have been exposed to LA COVID-19 or who have been exposed outside the workplace, including staff who have visited areas designated by areas affected by the U.S. Centers for Disease Control and Prevention (CDC). For more information on the formation of a temporary telework program or if you need assistance in developing related policies, please contact the author or another member of our group for employment, employment and benefits. As COVID-19`s EPITHEN continues in the United States, many employers are increasingly thinking about what they need to do or to take to cope with the effects in the workplace, including the temporary use of telework systems. Whether and how an employer implements such a program in a targeted or comprehensive manner depends largely on its staff, institutions and needs. Here are some relevant questions that employers should consider when determining whether telework is appropriate. For the reasons mentioned above, many positions may not be unsuitable for temporary telework and changes to special tasks or allowances. Employers may still have options to support day-to-day activities and relieve workers from having to take unpaid leave. The consideration options may be as follows: in accordance with the FLSA and subject to current government laws, self-employed workers must be paid in full for each working day during which they work. Excluded workers must also be paid in full for each work week during which they work if they are available but are not fully available by the employer to work the entire working week (as in the case of a worker who is not sick and fit for work, but is sent home due to possible exposure to COVID-19). As a result, employers should communicate clearly in writing with workers if the employer does not want the worker to work on a given work day or work week.

Employers should also consider that some exempt workers may have sufficient capacity to perform part of their duties remotely, but not all of their duties. In such cases, employers can check whether there are specific projects that would add value to the company and that they can be assigned to workers paid for a full work week, but who may not have a full workload due to telework. In addition, depending on the type of work done, an employer may enter into an agreement in which a worker works every other week so as not to allow telework at all. The requirement to use paid leisure activities and the development of the definition of leave, if possible and appropriately, may also be options that employers can use to supplement partial telework agreements. Following the unanimous opinion of the Economic and Social Council (“ETUC”) on September 11, 2020, on 20 October 2020, the social partners LCGB, OGBL and UEL signed a new agreement on telework (“Memorandum of Understanding”) which will come into force as soon as it is declared by the Grand Duke Regulation, which has been declared a “general obligation” before the end of 2020.