A Big Step Forward: Teleworking No Longer Mandatory Under Governor Wolf’s Order

On April 4, 2021, Governor Wolf amended his previous Order related to mitigation efforts to combat the spread of COVID-19. Notably, the November 23, 2020 Order instructed that all businesses must conduct their operations remotely unless impossible.

The new Order removes the mandatory language and now provides:

All businesses are strongly encouraged to conduct their operations in whole or in part remotely through individual teleworking of their employees in the jurisdiction or jurisdictions in which they do business.

Therefore, Pennsylvania employers who were not already working “in person” are now permitted to require their work forces to resume in-person operations.  Employers must still comply with all cleaning and mitigation protocols previously announced including temperature checks and mask wearing.  Additionally, employers need to be prepared to handle the potential issues that may arise from “opening back up”.  For example, employees may refuse to return to work due to a medical condition, continued fear of the COVID-19 virus, or some other reason.  When dealing with such issues, employers need to comply with applicable state, federal, and local laws and handle matters consistently to avoid claims of discrimination. 

For questions about this or any other labor and employment law topic, please do not hesitate to contact the attorneys at Hoffman & Hlavac. To stay updated on the key labor and employment developments that affect your workplace, subscribe to our blog and follow us on social media.