october 28, 2020
october 22, 2020
October 19, 2020
- Hope for Companies Where COVID-19-Related Business Interruption Claims Have Been Denied Without Investigation
october 15, 2020
october 12, 2020
october 8, 2020
october 5, 2020
september 22, 2020
- California Employers Now Subject to Additional COVID-19-Related Laws Related to Cal/OSHA Reporting and Worker’s Compensation
september 21, 2020
September 11, 2020
- COVID-19-Related Paid Sick Leave Has Been Expanded in California Yet Again to All Employers with 500+ Employees
august 4, 2020
july 6, 2020
july 1, 2020
- PPP Loan Deadline May Be Extended as SBA Issues New Rules Relating to Loan Forgiveness and Eligibility
- California Looks to Pass Legislation Concerning Business Interruption Coverage Due to COVID-19
June 29, 2020
June 22, 2020
- PPP Loan Forgiveness Application Forms Updated and Streamlined
- Nevada Division of Insurance to Disallow Policy Exclusions Related to COVID-19
- CDI Announces New Order Regarding Workers’ Compensation Premium Savings for CA Businesses Affected by COVID-19
june 15, 2020
june 10, 2020
- Note to the SBA: Debtors in Bankruptcy Are Eligible for PPP Loans
- California Modifies the Tolling of Statutes of Limitations in Civil Cases
june 8, 2020
June 4, 2020
may 29, 2020
may 28, 2020
- House Introduces Pandemic Risk Insurance Act of 2020 in the Wake of COVID-19 Business Interruption Claims
may 27, 2020
- Hoteliers Beware: a Return to Business Post-Pandemic Brings With It Potential Legal Liability
- House Contemplates Revisions to the Paycheck Protection Program
may 15, 2020
may 14, 2020
- U.S. House Democrats Introduce HEROES Act, a New $3T Stimulus Package
- SAFE Banking Act for Cannabis-Related Businesses Included in the HEROES Act
may 12, 2020
may 8, 2020
- Treasury and the SBA Issue Guidance Regarding the Employee Retention Credit
- Businesses Reopen in Los Angeles County as Stage 2 of California’s Statewide Plan Begins
- Update: Large Employers Required to Pay Coronavirus-Related Sick Leave Under New L.A. County Ordinance
may 6, 2020
- SBA Extends PPP Certification Safe Harbor to May 14
- EPLI Insurance and Employee Benefits in the Age of the Coronavirus
may 5, 2020
- Update: PPP Guidance Issued by the SBA and U.S. Treasury at Odds With the CARES Act—Michelman & Robinson Files First-of-Its-Kind Lawsuit Challenging FAQs
- NAIC Issues Business Interruption Data Call in the Wake of COVID-19
may 4, 2020
- PPP Guidance Issued by the SBA and U.S. Treasury at Odds With the CARES Act—Michelman & Robinson Files First-of-Its-Kind Lawsuit Challenging FAQs
may 1, 2020
april 29, 2020
- Planning for Your Employees' Return to the Workplace
- Los Angeles Hospitality Workers Among Those Thrown a Potential Lifeline
april 24, 2020
- Attention Cannabis Businesses: Hope May Be on the Horizon for Federal COVID-19-Related Relief
- California Department of Insurance Issues Notice Granting Tax-Filing Extension in Response to COVID-19
- SEC Approves Amendments to Nasdaq and NYSE Continued Listing Requirements Due to the COVID-19 Pandemic
April 23, 2020
april 21, 2020
- Additional Funding Is on the Way to Resurrect the PPP
- Certifying Your PPP Loan: Proceed With Caution
april 17, 2020
april 16, 2020
- Employment in the Wake of Coronavirus: EEOC and OSHA Guidance Allows Employers to Go Where They Could Not Go Before
- New Yorkers Ordered to Stay at Home Even Longer Amid the COVID-19 Crisis
- Paycheck Protection Program Funds Exhausted
april 15, 2020
- Attention Insurers: the CDI Has Ordered You to Fairly Investigate All Business Interruption Insurance Claims Caused By the COVID-19 Outbreak
April 14, 2020
- Insurance Companies Have Been Ordered to Provide COVID-19-Related Premium Relief to Businesses and Drivers in California
- What to Do If Your New York Business Has Been Deemed Non-Essential
APRIL 13, 2020
- IP Deadlines and Fees Extended Under the CARES Act
- Employment in the Wake of Coronavirus: Reintegrating Your Workforce in the New Normal
APRIL 10, 2020
- You Successfully Applied for and Received a PPP Loan Under the CARES Act: Now What?
- Safer at Home Order in L.A. Extended to May 15
- Maintaining Your Trade Secrets During the Coronavirus Crisis
APRIL 9, 2020
april 8, 2020
- Congress Looks to Bolster the PPP With Another $250B in Funding
- U.S. Treasury Provides Further Guidance to PPP Borrowers and Lenders
- L.A. Mayor Amends COVID-19-Related Paid Sick Leave Ordinance
april 7, 2020
- Clarifying the Paycheck Protection Program: Payment of Insurance Premiums and Loan Forgiveness under the CARES Act
April 3, 2020
april 2, 2020
april 1, 2020
March 31, 2020
march 30, 2020
- Large Employers Required to Pay Coronavirus-Related Sick Leave Under New L.A. Ordinance
- Insurance Coverage Potentially Triggered by COVID-19
- Attention Insurers: CDI Orders Mandatory Call for Business Interruption Coverage Information in the Wake of COVID-19
- DOL Is Requiring Employers to Post Families First Employee Rights Notice
March 27, 2020
- A Comprehensive Guide to Understanding Coronavirus-Related State Assistance Programs: Who is Giving What to Whom (Part II)
- HHS Relaxing Enforcement of HIPAA to Facilitate Sharing of Information During the COVID-19 Crisis
March 26, 2020
march 25, 2020
march 24, 2020
- Navigating the Coronavirus Pandemic: a Critical Business Review Checklist
- SBA Loans for Companies Impacted by Coronavirus
- SEC Relaxes Federal Proxy Rules for Annual Meetings
march 23, 2020
- Federal Reserve Responds Boldly to Coronavirus-Related Economic Downturn
- The Number of Jurisdictions Implementing Stay-at-Home Orders Is Increasing Exponentially
- Michelman & Robinson’s Guide to Coronavirus-Related Paid Sick Leave and Unemployment Insurance Laws in the Tri-State Area
MARCH 21, 2020
MARCH 20, 2020
- New York Governor’s PAUSE Order
- Illinois Governor’s Statewide Stay-at-Home Order
- Force Majeure Clauses in Commercial Real Estate Contracts
MARCH 19, 2020
- SEC Provides Regulatory Relief for Public Reporting Companies
- Student Loan Borrowers Can Breathe a Sigh of Relief, At Least Temporarily
- California Governor's Statewide Stay-At-Home Order
MARCH 18, 2020
- "Shelter in Place" Orders
- Telecommuting in the Age of Coronavirus
- Families First Coronavirus Response Act Just Passed by the Senate and Signed Into Law by the President
MARCH 17, 2020
- M&R Coronavirus Risk Mitigation Team: A Multi-Disciplinary Legal Team Ready To Immediately Address A Host Of Coronavirus-Related Issues for Businesses, Quickly And Holistically
MARCH 16, 2020
MARCH 5, 2020
Telecommuting in the Age of Coronavirus
March 18, 2020
In the wake of the coronavirus (COVID-19) pandemic and calls for social distancing, more and more companies are having employees work from home in order to limit the spread. Some of these telecommuting decisions have been made voluntarily, while other businesses have been governmentally mandated to limit the number of employees on site. Some counties, like several in California’s Bay Area, have issued “shelter in place” or similar orders, and just this morning, New York Governor Andrew Cuomo has commanded non-essential businesses in the state to have 50% of their workforces working from home at any given time.
By virtue of these ever-changing times, many of our clients have asked about how they can properly implement telecommuting routines and, at the same time, maintain electronic communication security. In response, M&R is issuing this suggested work from home policy. Rest assured, we can quickly generate a policy tailored to your specific workplace.
Telecommuting and Electronic Use Policy
For all employees of [INSERT COMPANY] that have been approved for telecommuting, the following policies, which must be understood, acknowledged, agreed upon and adhered to, specify the conditions for performing work on a regular basis from a site other than our [City] office.
1) Work hours, meal and rest breaks, overtime compensation, and vacation schedules, shall conform to the Company’s personnel policies and wage and hour law. Requests to work overtime (non-exempt employees only), sick leave, vacation, or other leave must be approved by your manager in the same manner as when working at your regular work site.
2) Your duties and responsibilities remain the same as when working at the regular work site. Your manager, as always, reserves the right to assign work, as needed, including any assigned work that would be required to be completed at the [City] office.
3) Employees who are working from home are expected to give notice to the facilitator of any scheduled in-person meeting if they intend to call in to the meeting instead of attending it in the [City] office. There is no such requirement for on-line meetings, and you are expected to attend meetings as invited, using conference calls and/or GoToMeeting or other identified virtual meeting service.
4) Recognizing that effective communication is essential for this arrangement to be successful, the following methods and times of communicating are agreed upon:
- You are expected to provide an honest and accurate accounting of your time either by email to your supervisor or via the established Company software.
- You are required to maintain regular communication by phone calls and e-mails at the same level as if you were in the [City] office.
5) As if you were in the office, you agree to remain accessible during designated work hours.
6) Regarding space, equipment, furniture and/or supplies purchases, set-up and maintenance, the following is agreed upon, subject to reimbursement as set forth below:
- Generally, employees will provide their own office furniture and home office space. If the Company does not provide you a cellphone, laptop or desktop computer, you may use your own subject to the electronic use policy below. The Company’s IT group will provide you with technical support and maintenance of these items. If you need to purchase equipment (for example: connecting cables, a computer or a printer), those purchases must be pre-approved by your supervisor and necessary for you to perform your work from home.
- It is expected that you will provide your own Internet service and phone service. As explained below, the Company will reimburse you for any additional expense in this regard that you incur.
7) You agree to maintain a safe and secure work environment. You further agree to hold the Company harmless for injury to others at your alternate work site. The Company will need, and you agree to provide, electronic and/or physical access to your telecommuting work site for purposes of assessing security requirements, proper operation and maintenance of Company-owned equipment and job performance.
You are solely responsible for ensuring the safety of your alternative work environment. However, because the Company is obligated to provide its employees with a workplace that is free from hazards that might cause serious harm or injury, the Company reserves the right to periodically inspect your home-work space. Any such inspection will be preceded by advance notice and an appointment will be scheduled. Should you suffer an injury at home while engaging in Company business, you may be covered the Company’s Workers’ Compensation insurance. As such, you are required to immediately report any You shall be liable for any injuries that occur to third parties at or around your alternative work environment and, of course, injuries that occur on your property or home while not engaged in Company work will not be a work injury, but may be covered under your homeowner’s or medical insurance policies.
8) You agree to use Company-owned equipment, records, and materials for purposes of Company business only, and to protect it against unauthorized or accidental access, use, modification, destruction, or disclosure. You must immediately, or as soon thereafter as practical, report to your manager instances of loss, damage, or unauthorized access at the earliest reasonable opportunity.
9) To state the obvious, all equipment, records, and materials provided by the Company shall remain the property of the Company. All Company equipment will be returned to the Company for inspection, repair, replacement, or repossession as requested. This must happen as soon as practical upon request.
10) You understand that you are responsible for tax consequences, if any, of this arrangement, and for conformance to any local zoning regulations.
11) You also understand that all your obligations, responsibilities, terms and conditions of employment with the Company remain unchanged, except those obligations and responsibilities specifically addressed in these policies.
Computer, E-mail and Internet Usage
When telecommuting, it is essential that you adhere to proper computer, e-mail and Internet usage in an appropriate, ethical and professional manner. In this regard, you must ensure that your home computer is safe and secure, and preferably used only by you, using our Company log-in. This policy outlines the guidelines for acceptable use of Employer’s technology systems.
1. Confidentiality and Monitoring
All technology provided to you by the Company, whether in your home or via the Company’s servers, including computer systems, communication networks, company-related work records and other information stored electronically, is the property of Company. In general, use of the Company’s technology systems and electronic communications should be job-related and not for personal convenience. The Company reserves the right to examine, monitor and regulate e-mail and other electronic communications, directories, files and all other content, including Internet use, transmitted by or stored in its technology systems, whether onsite or offsite. Internal and external e-mail, voice mail, text messages and other electronic communications are considered business records and may be subject to discovery in the event of litigation. All employees must be aware of this possibility when communicating electronically within and outside the Company.
2. Appropriate Use
You are expected to use technology responsibly and productively as necessary to perform your job. As if you were in the office, Internet access and e-mail use via the Company’s server is for job-related activities; however, minimal personal use is acceptable.
1) You certainly may not use the Company Internet, e-mail or other electronic communications to transmit, retrieve or store any communications or other content of a defamatory, discriminatory, harassing or pornographic nature. No messages with derogatory or inflammatory remarks about an individual’s race, age, disability, religion, national origin, physical attributes or sexual preference may be transmitted.
2) Harassment of any kind is prohibited. Disparaging, abusive, profane or offensive language and any illegal activities—including piracy, cracking, extortion, blackmail, copyright infringement and unauthorized access to any computers on the Internet or e-mail—are forbidden.
3) Copyrighted materials belonging to entities other than the Company may not be transmitted by you on the Company network without permission of the copyright holder.
4) You may not use the Company’s computer systems in a way that disrupts its use by others. This includes sending or receiving excessive numbers of large files and spamming (sending unsolicited e-mail to thousands of users).
5) You are prohibited from downloading software or other program files or online services from the Internet without prior approval from your manager or IT. All files or software should be passed through virus-protection programs prior to use. Failure to detect viruses could result in corruption or damage to files or unauthorized entry into Company systems and networks.
6) You are responsible for the content of all text, audio, video or image files that you place or send over the Company’s Internet and e-mail systems. No e-mail or other electronic communications may be sent that hide the identity of the sender or represent the sender as someone else. The Company’s corporate identity is attached to all outgoing e-mail communications, which should reflect corporate values and appropriate workplace language and conduct.
Note that violations of the foregoing rules will be grounds for disciplinary action, up to, and including, termination.
I have read this policy and understand its terms. If I have any questions about this policy, I understand that I may make inquiry of HR or my supervisor.
M&R Is Here for You
Of course, the foregoing is just a general telecommuting and electronic use policy. Again, if you would like to have one tailored to your specific workplace, or should you have any questions about telecommuting mandates more broadly, please contact Richard Reice, M&R’s labor and employment practice group leader, at firstname.lastname@example.org or 203-912-6090.
We are working diligently to keep our clients up to date on coronavirus-related developments. Nevertheless, these developments are changing daily and, in some cases even hourly, so it is important that you make sure you are dealing with the most current information. That being said, this alert is not offered, and should not be relied on, as legal advice. You should consult an attorney for guidance and counsel regarding any specific concern or situation.