What are the Top Issues for Non-Compete Agreements in 2021?

By ,

employment agreement

The last year saw non-compete agreements go through several transitions as much of the workforce shifted to a remote working environment. A new year does not mean those issues will go away, as employers are still struggling with how to deal with remote workers and the language of their non-compete clauses are gaining more scrutiny as a result. The clauses, in general, have garnered the attention of several federal and state governments. Many expect the coming year to bring more restrictions at the state level.

What are Non-Compete Clauses?

Non-compete clauses restrict an employee from going to work for a direct competitor until a certain period has passed. They protect the business from an ex-employee bringing trade secrets to a competitor. Non-competes provide a set time that the former employee is prohibited from moving to a competitor, although time is not always a factor. Some will include geographic restrictions as well as limiting what industries a person can go into after they leave a company.

In other words, a non-compete clause may limit a person from moving from one financial services firm to another in the same town within a few weeks of leaving their job.

What Issues are Associated with Non-Compete Clauses?

Some problems have arisen with non-compete agreements, such as the size and scope of these agreements, as well as the impact of remote work. Originally, the clauses would only limit former employees from moving to a competitor within a few weeks or months. However, over time, these provisions grow over just a few months. They can also change geographically to expand beyond the physical location of the company. In some cases, they have encompassed the entire country. These expansions have caused non-competes to come under scrutiny with opponents claiming that they unnecessarily limit a person’s ability to make a living.

Some states have also placed restrictions on what an employer can make a firm sign, while others have banned their use. Where it gets difficult for employers has to do with employees who are now working from home in a jurisdiction that might treat non-compete clauses differently than how the office’s jurisdiction handles them. The courts explained that the onus is on the employers to word their agreement in such a way that clarifies any discrepancies in jurisdictions.

How are States Handling Non-Compete Clauses?

Each state is handling non-compete clauses in their own unique way as some take an aggressive stance against them and others are more lenient. Some states will limit the geographic reason or the timeframe that an employer can use it in their agreements, while other states may not restrict or enforce these agreements.

What is in Store for These Agreements?

The federal government has made several attempts to pass legislation that would limit these agreements or outright ban them; however, those efforts have failed. Any restrictions on non-compete agreements will most likely come from individual states as pressure mounts on local governments to limit them. Those states that currently do not have anything on the books addressing non-competes will push to adopt something, especially if they do not see anything from the federal government.

Philadelphia Non-Compete Lawyers at Sidkoff, Pincus & Green P.C. Help Clients Understand Non-Compete Clauses

Whether you’re an employee or an employer, understanding your non-compete clause is essential. If you want to make sure you understand your legal rights pursuant to a non-compete cause, contact the Philadelphia non-compete lawyers at Sidkoff, Pincus & Green P.C. today. Contact us online or call 215-574-0600 for an initial consultation. Located in Philadelphia, we serve clients throughout South Jersey and Pennsylvania.

  Category: Non-Compete Agreements
  Comments: Comments Off on What are the Top Issues for Non-Compete Agreements in 2021?
  Other posts by

Department of Labor Makes Final Rule on Independent Contractors

By ,

independent contractor

Recently, the Department of Labor adopted a final rule pertaining to clarification over who could be classified as an independent contractor. The Fair Labor Standards Act (FLSA) establishes what benefits and flexibility employers have with their employees. For instance, non-exempt employees must receive at least minimum wage and be paid overtime wages if they work more than 40 hours a week. However, this law does not apply to independent contractors.

Since employers do not have to offer any perks to independent contractors, some have argued that they have deliberately misclassified their employees to avoid paying for these benefits. Multiple courts have weighed in on the controversy, but there has not been any clarity on the federal level until now.

What Does the New Rule State?

The Labor Department stated that the new rule will reaffirm the economic reality test that has been standard in the industry to determine whether an individual is in business for themselves, such as an independent contractor, or is economically dependent on a potential employer for work, such as an FLSA employee. The rule highlights two core factors that can be used to make that determination:

  • The nature and degree of control over the work.
  • The worker’s opportunity for profit or loss based on initiative and/or investment.

If those two factors fail to provide the necessary clarification, the department offered three additional guideposts that should help employers determine a worker’s proper status. They are:

  • The amount of skill required for the work.
  • The degree of permanence of the working relationship between the worker and the potential employer.
  • Whether the work is part of an integrated unit of production.

The new rule, which is scheduled to take effect on March 8, applies only to workers that fall under the jurisdiction of the FLSA. It would also not impact local and state law requirements.

Will the New Rule Take Effect?

The new President could easily block the new rule from taking effect. Congress could also get involved and stop the rule using its authority under the Congressional Review Act, which gives Congress a limited time to repeal any rule finalized by a government agency. A reconstituted Labor Department could modify the current version to return to an old policy that allowed for an employer-employee relationship to be established even when indirect control existed over the worker.

How Should Employers React to the New Rule?

Regardless of the outcome, businesses should use the adoption of the new rule as an opportunity to evaluate the relationship they have with their employees. They should re-examine the status of those workers and determine if their status makes sense for the work that they are doing and the control they have over their own situation. Employers should guarantee that they have correctly classified their employees and determine that classification based on who has the right to control or direct the results of their work, as opposed to how the employee and employer define their relationship.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Represent Misclassified Workers

If you believe that you have been misclassified by your employer or if you are a business and would like an attorney review your compliance with the FLSA, contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. We can help you with your case. For an initial consultation, call 215-574-0600 or contact us online today. Located in Philadelphia, we serve clients throughout South Jersey and Pennsylvania.

  Category: Employment, Employment Law
  Comments: Comments Off on Department of Labor Makes Final Rule on Independent Contractors
  Other posts by

Do Employment Laws Apply to Remote Workers?

By ,

employment law

At the height of the pandemic, numerous businesses were forced to close their offices. However, certain businesses did not have to shut down and by using improved technology and communications, they were able to conduct business with little interruption. The push toward an increase in remote working was on the rise prior to the pandemic, although it certainly hastened the move and demonstrated its practicality to several businesses.

Whenever the pandemic ends, it is unclear what businesses will look like. Many see the benefits and savings of having their employees work remotely and continue to utilize that model. However, as more businesses utilize remote workers, they must continue to follow state employment laws where they are physically working.

Can State Laws Impact an Employee’s Pay?

A person’s salary can be impacted by the state they are living in, as well as the amount of hours they can work in a week. An employer should become familiar with the rules in the states of their employees. Some aspects of pay that could be impacted include:

  • Minimum wage: Some states have adopted a higher minimum wage than others. It is important to know that an employee is making enough to satisfy their state’s requirement.
  • Overtime: State laws determine when an employee becomes eligible for overtime. Employers must verify that employees are tracking their hours to confirm if they are eligible for overtime.
  • Telecommuting expenses: Not every state requires an employer to reimburse an employee for telecommuting expenses. However, there can be some unintended consequences for those companies that fail to offer reimbursements, such as expenses that drop an employee’s hourly wage below the state’s requirement.

What are Certain Leave Issues Employers Should Consider?

Even though an employee is working from home, it does not mean that they are no longer eligible to accrue sick time or take time off work for extended medical absences. On a federal level, the Family and Medical Leave Act (FMLA) still applies. In addition, most states have their own medical and family leave polices as well that the company must adhere to. Sick time is mandated by the state where an employee is physically working, which could raise some disparity among employees working in various states.

Are Employers Required to Distribute Notices?

Certain state laws require employers to provide notices to their employees. In many cases, some of these notices take place at the time of hire, while some occur annually. The documents can address different topics such as wage, leave/benefits notifications, or descriptions about anti-harassment or discrimination laws. Employees should consider the home state of the new employee and its applicable laws.

Certain employment laws require employers to physically display posters around the office to inform employees about certain laws and policies, such as wage and hour laws and anti-discrimination provisions. An electronic version of the poster may be more relevant to employees for certain companies working remotely. Additionally, state-mandated training applies to certain state employees.

What About Different State Laws?

To protect themselves moving forward, employers should conduct a thorough audit of all their employees and the states that they reside and work in. They should determine how long they intend to allow their employees to telecommute and if that delay is worth it. If a company is dedicated to telecommuting for the foreseeable future, it might want to consider putting together individualized employee handbooks based on their state of residence. Even if telecommuting is not in the company’s long-term plan, it makes sense to provide employees with at least a temporary teleworking arrangement.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Employers and Employees Understand Changing Employment Laws During the Pandemic

Given the number of employees who are working from home right now, employment laws have become much more complicated. If you need legal help sifting through the different laws, reach out to the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. today. Call us at 215-574-0600 or contact us online to get started. Located in Philadelphia, we serve clients throughout Pennsylvania and South Jersey.

Can My Employer Require a COVID-19 Vaccine?

By ,

Covid-19 Vaccine

Now that a COVID-19 vaccine has been approved, the main question people are asking each other is of they are going to get the vaccine. This assumes that getting it is optional, but this may not be the case for some members of the working population. It will not be long until employers will have to decide if they want to require their employees to be vaccinated, and there is sure to be some backlash.

Companies have a duty to keep their employees, customers, and communities safe. However, organizations like the Society for Human Resource Management (SHRM) believe that employers should exempt certain employees from having to get vaccinated because of sincerely held religious beliefs or disabilities. According to the SHRM, exceptions should not be made for employees based on secular or medical beliefs about the COVID-19 vaccine.

What Does the EEOC Say?

The Equal Employment Opportunity Commission (EEOC) has provided guidance on flu vaccinations in the past that employers may require flu vaccines, but only if certain employees had the option of seeking exemptions for medical issues through the Americans with Disabilities Act (ADA) or for religious reasons through Title VII of the Civil Rights Act.

In mid-December, the EEOC stated that employee COVID-19 vaccinations requirements do not violate the ADA, which prohibits companies from performing certain medical examinations. However, should an employee who cannot be vaccinated for certain reasons pose a health risk to other workers, EEOC guidelines state that the employer cannot prevent that employee from working unless the employer is unable to provide reasonable accommodations.

Will Vaccination be Mandatory in Certain Workplaces?

It is too early to tell, but the type of business will dictate what procedures will be put in place. Employees in public-facing jobs may present higher risks of infection than office workers, so their companies will likely be more pro-vaccine. Employees who refuse to be vaccinated may encounter problems with co-workers who have been vaccinated. Also, if company vaccination policies become public knowledge, it could create bad publicity and damage their businesses.

Since COVID-19 vaccines are being approved for emergency use authorization, some health professionals feel that most businesses will not make the vaccine mandatory. Although companies may strongly encourage it, requirements will vary. It is thought that employers may choose to issue guidelines stating that their position is that it would be reasonable for an employer to require an employee to get the vaccine.

Will Employers be Held Liable?

There is much talk out there already about the possibilities of employers being vulnerable to lawsuits filed by employers and clients who may contract COVID-19 at the business location. On the other hand, mandating all employees to get the vaccine could be another risk. A California lawyer described the situation as a treacherous area for employers, pointing out that if the vaccine ends up harming employees, there could be Workers’ Compensation claims against companies and vaccine manufacturers. According to The Stand on CBS News, employers would not be liable in these situations since they would be categorized as on-the-job injuries.

To avoid liability issues, The Stand suggested encouraging employees to get vaccinated instead of mandating them to do so. When an employee who does not want to get vaccinated is able to work remotely, it might be best to leave things alone. Companies may also opt to provide incentives for employees who get vaccinated, whether it be a gift card or some other type of bonus.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Clients with Employment Vaccination Issues

As COVID-19 vaccination protocols are now coming into play, your rights should not be questioned. For a confidential consultation, contact the knowledgeable Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. today. Complete our online form or call 215-574-0600 to get started. Located in Philadelphia, we help clients throughout Pennsylvania and New Jersey.

  Category: Coronavirus
  Comments: Comments Off on Can My Employer Require a COVID-19 Vaccine?
  Other posts by

What are Common Legal Issues that Businesses Face?

By ,

business law

Managing a successful small business can be a lot of work, especially in the early stages, when many difficult financial decisions must be made. The biggest ones pertain to what owners plan to spend their limited budget on. Given that resources can be tight, it is understandable why some elect to avoid some big-ticket items, like hiring a lawyer. While that may seem to make sense in the short-term, it could wind up costing the company much more in the long run. There are several common problems that impact all companies that a knowledgeable lawyer would be able to help the firm avoid.

Do I Have the Right Structure for My Business?

One of the first things that an entrepreneur and their partners must decide on is the structure of their business. This is extremely important because it could have serious tax liability issues. Establishing the correct structure will save a company several severe headaches going forward. Some of the different types of structures include:

  • Sole proprietorship
  • Partnership
  • Limited Liability Company (LLC)
  • C-Corporation
  • S-Corporation

Each one of these structures handles the liability and tax responsibilities of the owner in a different way. An LLC, for instance, separates the two and treats them as two different entities. Owners should research the different corporate structures thoroughly before deciding on which to choose.

What are Some Employee Issues I Need to Consider?

Even if the structure of the company is secure, another common problem that all companies deal with is managing employees. One of the biggest aspects of that is deciding how to classify them and verifying that their classification matches their level of responsibility. There are three main types of classifications, which are:

  • Full time employee: This type of employee is someone who works more than 30 hours a week. The company is obligated to offer health insurance, Workers’ Compensation, and other benefits.
  • Part time employee: These employees work a maximum of 30 hours a week and are usually not eligible for benefits, although a company can offer them if it elects to.
  • Independent contractor: This is a person who operates outside of the structure of a particular office and works independently. They are responsible for paying their own Medicare and other taxes, and are not eligible for some universal benefits, like Workers’ Compensation.

Deciding how to classify employees can be a tricky action, as misclassifying someone can lead to litigation later on. The best way to avoid any problems is to evaluate a job description ahead of time and decide what the hours and responsibilities will be, then classify the position based on the added costs of potentially paying for benefits.

If that position cannot be fully funded, the company may have to do without it until it can find the funding somewhere else to pay for that position. The legal costs further down the road are not worth cutting any corners with a person’s pay or benefits.

What Type of Paperwork Should I File on a Regular Basis?

Maintaining a business is more than just keeping employees and customers happy. There is a significant amount of paperwork that must be filed with both the state and the federal government on an ongoing basis. If a firm is publicly held, it could fall under the jurisdiction of the Securities and Exchange Commission (SEC) on the federal level and state regulators. Regardless, the company will be under an obligation to file certain documents, including:

  • Financial statements: These documents contain a snapshot of the firm’s financial status, including its income statement, balance sheet, and statement of cash flow.
  • Financial information: Any data that the company chooses to post about itself on its website.
  • Annual reports: These are issued to shareholders once a year.
  • Prospectus: A document that describes the investment offering for the public.

What Should I Do if I Have a Contract Dispute?

While contracts are supposed to be binding agreements between two or more parties, there can be disagreements between those parties over one’s actions. It may also be necessary to break a contract because the two sides no longer wish to work together anymore. To avoid a messy legal dispute, it is best to thoroughly review any contract before signing it. All parties should include language that grants them an easy escape should certain violations take place, or some other action occur, such as one of the two sides is arrested or has some other public embarrassment.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Help Small Businesses with Legal Matters

If you are facing legal hurdles within your small business and need help finding a legal remedy, reach out to the Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. For an initial consultation, call us at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout New Jersey and Pennsylvania.

What are the Pitfalls of Videoconferencing?

By ,

videoconferencing

The COVID-19 pandemic forced many businesses to re-think how they conduct their affairs on a daily basis. One of the biggest changes was having to cope with employees working from home as opposed to centrally located in one office. With that new dynamic in place, many companies in varying industries turned to technology to stay in contact and conduct ongoing meetings. The biggest technology that has seen significant growth during this pandemic has been videoconferencing software. Applications like Zoom, Microsoft Teams, Skype, WebEx, GoTo, Ring, and BlueJeans have become part of the routine business lexicon when they were more of a novelty just one year prior.

Since February, when many states began implementing stay-at-home orders, videoconferencing software has reported an 84 percent increase in demand with Webex, claiming that it hosts more than four million meetings per day. However, most companies just jumped right into using these technologies without researching or determining the security risks. It has led to reports of security breaches and instances where an unauthorized individual will break into a private meeting undetected and gain access to sensitive and confidential material about a company’s decision making.

What are Effective Methods for Securing a Meeting?

One of the ways that trespassers have managed to infiltrate these secure meetings is through brute force and trial and error. In the 1980s and 90s, hackers would utilize a tactic known as war dialing. They would methodically call different numbers looking for a secure modem to hack into.

Today, the strategy has been updated to try different names for video conferences. Most companies keep their chat room names consistent, making it easier for hackers to gain access. Firms must secure their own platforms and develop a strong security system. One of the first ways to do that is to host the meeting in-house rather than have a third-party do it. This gives them more control over the meeting and who participates. There are other ways to secure a meeting including:

  • Use unique meeting IDs: When creating a meeting room, most platforms provide a generic name that consists of the company and maybe the host’s name. While this is an easy one to guess and hack, it probably will not make that much of a difference for a quick one-on-one with an employee and their supervisor. However, if the meeting is more important, like a board meeting, the host should consider using a unique and different name to minimize break-ins.
  • Implement passwords: An added level of security is to provide all participants with a password. This way, only those specifically invited to the meeting can legally attend.
  • Roll call: Initiating a roll call to determine who is in attendance will also weed out those who should not be there and make sure that the appropriate people are.
  • Give host total control: As the host of a meeting, they have significant control over who is allowed in and out of the meeting. As such, it is possible to revise the setting to prevent participants from joining the main meeting room until the host arrives. This prevents them from discussing any sensitive information before the host has the opportunity to implement any security procedures.
  • Eject button: If at any point during the meeting the host suspects that it has been compromised, they can immediately end the meeting before any sensitive information is discussed.

What is the Proper Process for Recording a Meeting?

Another security risk when conducting videoconferencing involves recording the meeting. It is not so much the recording of the meetings that is a problem, it is how that meeting is stored afterward. When recording a meeting, some platforms such as Zoom, will store the meeting in its Zoom Cloud. The problem with this scenario is that the meeting, which could contain sensitive dialog, is in the possession of an outside party. Without any verification, there is no way to guarantee its safety, meaning it is prone to be hacked. To minimize this risk, the most ideal strategy is to save the meeting in-house or with a trusted vendor. This way the security of the meeting is under the firm’s control.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Help Businesses with All Types of Legal Matters

If your business needs legal guidance, the Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. can help. We can provide you with the legal assistance to need to see you through most business transactions. Give us a call at 215-574-0600 or contact us online to find out how we can help. Located in Philadelphia, we serve clients throughout New Jersey and Pennsylvania.

Can Employers Restrict Employee Holiday Travel Plans?

By ,

driving in snow

As news outlets report on how COVID-19 cases are surging and hospital beds are filling up, experts are advising people to cut back on holiday celebrations. They are not the only ones urging caution though, as some employers are asking their workers to do so as well. Some have created corporate videos and sent out memos to remind workers to avoid extensive travel and large gatherings. Others have offered paid time off for possible post-holiday quarantines or asked their employees to sign pledges that they would avoid large celebrations.

As a general rule, companies cannot restrict employees from attending holiday gatherings or holiday travel. However, there should be proper protocols in place; otherwise, employers could be liable if outbreaks occur in their workplaces. The Occupational Safety and Health Administration (OSHA) mandates employers to provide safe workplaces. This is why companies need to screen their employees and keep the lines of communication open.

Companies have legitimate concerns about their employees traveling and celebrating during the holiday season, as these activities can increase the risk of exposure, infection, and quarantine. It is a gray area, so it makes sense to first look at the Centers for Disease Control and Prevention (CDC) guidelines; these are updated regularly. For example, employers can make workers who travel to CDC Level 2 or 3 countries, or areas that have higher percentages of positive cases, self-quarantine for 14 days before coming back to work. This holds true even when employees show no symptoms.

Companies can require workers to get tested after travel, and this is in line with Equal Employment Opportunity Commission (EEOC) guidelines. It can take 14 days for infections to appear, so even if an employee tests negative, they could be positive afterward.

What About State Laws?

Though some companies may attempt to impose employee travel bans, it could be against the law in some states. As an example, some New York laws prohibit employers from taking adverse actions against employees who engage in lawful recreational activities outside of working hours, and this could apply to holiday gatherings or travel.

Employers can be uncertain about approaching the topic, since while attending large parties or traveling out of state might be risky, it is not thought to be illegal, unless there are state regulations in place. It is legal for employers to talk to workers about holiday plans, as long as the goal is to preserve the health and safety of everyone who workers there. These inquiries should be based on legitimate business concerns. Workers can also be given information about social distancing protocols; state, city, and county regulations; and travel advisories.

Companies may also ask employees to quarantine after the holidays, and they do have the right to do so. In some cases, employees can work from home when isolating, and this can be the best solution. There are laws such as the Families First Coronavirus Response Act that allow this to be considered paid time off, but only in certain circumstances.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Clients with Various Employment Matters

If you are unsure about your rights as an employee this holiday season, get in touch with the knowledgeable Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. For a confidential consultation, call us at 215-574-0600 or complete our online form. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

How Important is Confidentiality in a Sexual Harassment Case?

By ,

Confidentiality

When a person is victimized by sexual harassment at work, it can be an awkward and embarrassing situation for them. They might feel uncomfortable at work, but they might also feel scared. They might want to tell someone but are afraid to talk for fear of retaliation. There are options for them to tell their story and maintain their confidentiality. As for those that can be targets of sexual harassment claims in the office, the question of confidentiality can be an important one, especially if the accusation is false or made with ill intentions. A false claim can get out and haunt a person throughout their career.

Is My Case Confidential with a Lawyer?

For those who suffered from sexual harassment at work and found that their employers have not been responsive to their claims, they can turn to an employment lawyer for help in the matter. They can feel confident that their story will remain between them and their legal representative. Lawyers are obligated by client confidentiality, meaning that what is said between the two parties remains between them. This rule allows them to speak freely with a client and gather all the information necessary to properly build a case.

The privilege covers potential clients, as well as if someone meets with a lawyer during an initial consultation, they should feel comfortable sharing their story. Even if after that meeting, the two sides decide not to continue with their professional relationship, the lawyer cannot disclose the details of that conversation with a third party. When a lawyer decides to take on a sexual harassment case, they can file the case without disclosing the victim’s name in the court documents. The identity of the victim might still be known by others related to the case or inferred from co-workers due to circumstances. However, if others attempt to look up the case, the name and other specific details will not be included in the final report.

Confidentiality During an Investigation

When an employee comes forward with a sexual harassment claim, it is a serious accusation that the company must treat as such. Once an accusation is made, a full investigation will be conducted to look into the accusation to verify its validity. The supervisor will either appoint someone to conduct the inquiry or do it themselves. There will be two goals of the investigation. The first is to obtain all the facts about the situation and get to the truth. The second, is to prevent any future problems from taking place again or stopping the ongoing abuse.

During an investigation, the person conducting the investigation must try to maintain the highest level of confidentiality as possible and protect the identities of the alleged victim and accuser. The investigator will have to disclose to the alleged abuser about the accusation and where it comes from and disclose some information to the people that were questioned. However, if the facts of the situation get out before a full and proper investigation, either the alleged accuser or harasser could sue on a few grounds.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Advocate for Victims of Sexual Harassment in the Workplace

If you feel that you have been the subject of sexual harassment at work or you have been falsely accused of harassing someone at your workplace, contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. We will investigate your case and determine the next best steps. Call us at 215-574-0600 or contact us online for an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and South Jersey.

Can My Employer Install Surveillance of Remote Employees?

By ,

security camera

One of the more interesting developments from the COVID-19 pandemic has been the transition of employees working from home as opposed to the office. The transition has been so seamless that many companies are considering maintaining the current work format, even after the pandemic ends. There are a few benefits associated with the work-from-home model. Employees get to avoid the grind of commuting to work every day, which also means they have greater flexibility. For the company, they can reduce their overhead costs by not having to pay for office space or any of the other office-related expenses that come with it.

However, the downside for employers is they are not in regular contact with their employees, meaning there is always the fear that an employee is not working or otherwise not being productive. Some companies have figured out a way around this problem by using software that will monitor their employees, even though they are no longer in the office. While employees anticipate a certain level of monitoring when they work in the office on their work computer, it becomes more of an issue when it is done remotely.

Tools that Monitor Working from Home

While the concept of remote working is nothing new, the number of companies that have been utilizing it has grown significantly in the wake of the pandemic. There is technology that helps employers keep an eye on their employees, even if the employee does not know they are under surveillance. Hubstaff recently created a product that employees can download onto their computer that records all their actions. The software tracks a worker’s hours, their keystrokes, and even records the websites that an employee visits. Another company, Sneek, offers software that will take pictures using a laptop computer of the users as frequently as once a minute. The app then uploads the pictures so that everyone can access them.

What are the Legal Concerns with Monitoring Employees?

Whether an employer is monitoring their employee in the office or at home, they still have the same legal obligation to notify the employee the monitoring is taking place. Many employees will sometimes use their personal computers or devices for work. In those instances, the company needs to establish a solid policy about monitoring. They need to inform employees that they will be monitoring them on their personal device and explain what they will be monitoring and why they are doing it. In addition, the company should limit any monitoring to those that have a direct impact on the job and conduct it during certain business hours. In general, when a person connects their personal computer or their personal device to either a corporate network or virtual private network (VPN), companies have the right to ask to monitor their employees.

Using Data to be More Productive

Not all companies are using the monitoring software to keep tabs on their employees. Some are using it with an eye toward returning to the office. Employers are finding that some people are more productive at certain times. As companies consider returning to the office, they still need to practice social distancing and one way to do that is to bring people in on staggered shifts. Bringing people in at their most productive time will help utilize personnel to their fullest potential.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Employees with Privacy Concerns

If you feel that your company is monitoring your movements as you work from home without informing you, contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. today. For an initial consultation, call us at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout New Jersey and Pennsylvania.

  Category: Coronavirus
  Comments: Comments Off on Can My Employer Install Surveillance of Remote Employees?
  Other posts by

Are Employers Responsible for Ill Family Members?

By ,

corona virus

As the nation continues to face the ongoing novel Coronavirus pandemic, many businesses are re-opening their offices and bringing their employees back from months of seclusion in their homes. With the virus still a presence in most states, some employees may be wondering what legal obligations they have toward the family members of their employees. In terms of allowing employees to tend to their sick family members, an employer needs to give their employees the flexibility to take time off and the federal government has provided a few programs to allow for that to happen.

What Do the Courts Have to Say on the Matter?

There have been a few cases reported around the nation of people getting sick with COVID-19 because they contracted it from a family member who was exposed to it at work. Thus far, two lawsuits have been filed in Illinois bringing up that very matter. Experts say the cases are similar to mesothelioma cases, where someone is working on a site where they were exposed, then bring it home to family members. In the first case, a woman from Illinois died due to complications related to COVID-19 over the summer. She allegedly contracted the virus from a family member who contracted it while working at a meat processing plant.

The lawsuit, filed by the victim’s daughter, alleges that the family member contracted the virus in April while working at the plant when he was working shoulder to shoulder with others in the plant. The lawsuit claims that the employers knew there was an outbreak at the plant but did not take any precautions to keep employees safe nor provide any warnings.

In the second case, a woman contracted the virus from her husband, who contracted it while working as a parts assembler. The woman is suing the company, claiming it was because of them that she contracted the virus.

However, the owner of the company is disputing the claim. He told several newspapers that his employees took precautions, including wearing masks and gloves, and he took daily temperature checks every day. He also accused the worker of declining to have his temperature taken. He added that the worker was the first to get sick and he in fact spread the virus.

Both cases are still pending, so it is unclear how the jury will respond. It is safe to assume, however, that an employer owes it to their employees and their families to ensure that their workspace is clean, precautions are met, and everyone adheres to them.

How Much Time Should I Give My Employees to Take Care of Family?

Employers still maintain their obligations under the federal Family and Medical Leave Act (FMLA) to allow for an employee to take time off if they need to recover from COVID-19 or take care of a family member who might have contracted it. The FMLA, enacted in 1993, protects a person’s job should they have to take time off to care for a sick family member. The law allows for a person to take up to 12 weeks of leave within a 12-month period. While they can take the time off, they will not receive any compensation during that time.

In addition, President Trump signed the Families First Coronavirus Response Act (FFCRA) in April, which allowed for more provisions for employees to take time off. This law requires that employees with less than 500 employees provide them with 10 additional paid sick days to accommodate any COVID-19-related absences. The law requires those same employers to provide an additional 12 weeks of FMLA time for employees. Of those 12 weeks, 10 days must be paid, but the law also provides payroll tax credits for employers to cover the paid leave.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Employees and Employers Understand Their Rights Regarding the Pandemic

If you are an employer who needs to stay in compliance with pandemic-related laws or an employee who deserves sick leave to care for a family member who contracted the virus, contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. We will review your case and determine the next best steps. For an initial consultation, call 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

  Category: Coronavirus
  Comments: Comments Off on Are Employers Responsible for Ill Family Members?
  Other posts by