Can Your Boss Make You Come into Work During the COVID-19 Outbreak?
A USA Today article answers all your questions about what your employer can and cannot ask you to, and if you have to come into work during this time.
Those who can work from home around America are doing so—but many have lost their jobs over the last two weeks as companies struggle to stay open. However, what about all of those workers whose jobs are deemed “essential” or those who work in industries that seem “essential” but are not?
One USA Today article answers many of your questions about what employers can and cannot ask you to do during this uncertain time. Can your boss actually force you to work during the pandemic, and can he or she force you to come to work?
Experts say the answer is no, but the laws are not so clear-cut.
The answer depends on the job you have,” said Richard Reice, a lawyer who heads the labor enforcement division at the law firm Michelman & Robinson. If your local government defines your role as “essential,” you may have to comply with your employer’s wishes or risk termination.
For example, if you are a pharmacist at a CVS, a police officer, or a sanitation worker, your employer can ask you to come to work. “If you don’t,” said Reice, “that would be insubordination, misconduct or quitting.”
Basically, federal guidelines allow state and local authorities to decide which businesses are essential during crises. Generally, essential industries are grocery store workers, food laborers, medical staff and utilities and transportation workers. Government workers, law enforcement and emergency personnel are also included.
What protections do I have?
If you are not considered an “essential” worker, you are probably within legal bounds to stay home and work from home (if possible)—especially if you are in a hot zone of cases.
OSHA’s “General Duty Clause” requires workplaces to offer environments that are “free from recognized hazards that are causing or likely to cause death or serious harm to employees.” In the case of COVID-19, the virus is definitely “something that is likely to cause serious injury or death.”
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March 30, 2020 at 02:33PM
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Can Your Boss Make You Come into Work During the COVID-19 Outbreak? - Occupational Health and Safety
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