The debate over working from home continues, reaching a high point in 2013 when Marissa Mayer, then CEO of Yahoo, sought to curb the practice. However, as the Coronavirus continues to spread across the U.S., more companies are instructing their employees to work-from-home as a social distancing technique to help contain the spread and remain productive.  No doubt advances in technology and widespread availability of broadband access have made it possible for many to carry out their employment duties from anywhere.

But, of course, remote work is not available for everyone. Restaurant workers, retail store employees, delivery drivers, and other occupations cannot telecommute. However, when work can be performed from home, there are a range of issues for businesses to consider as the workplace expands.

By no means an exhaustive list of the all of the issues that may arise, here are some items to consider when implementing a work-from-home policy.

  • Making the decision
    • Review existing resources, applicable policies, and customer/client agreements to determine if remote work is feasible, prudent, and contractually permissible.
    • Have a plan for resources, communications, expense reimbursement, etc.
    • Review insurance policies (e.g., employee benefits, workers compensation, cyber, etc.) to ensure coverage.
    • Stay on top of developments as plans may need to be changed.
  • Confirm the IT infrastructure can support remote work.
    • Be ready to address systems and equipment needs of employees who may not be set up to work from home.
    • Beef up staffing, including help desk capacity to support workers not used to remote work.
    • Ensure data privacy and security (see below).
  • Communicate clearly and consistently.
    • Ensure critical lines of communication between management are open.
    • In the course of developing communications to employees, examine existing policies closely, such as confidentiality, written information security programs, business continuity, bring your own device (BYOD), etc. Companies without these policies or a comprehensive telework policy, should consider putting them in place. In general, all existing company policies should apply whether an employee is working at the office or at home.
    • A localized approach may be warranted based on local conditions. But, be sure managers are on the same page to avoid inconsistent application of policy.
    • Provide employees system access instructions and where to go for help.
    • Outline best practices for maintaining a safe “workspace.”
    • Be understanding and solution-oriented
  • Ensure data privacy and security.
    • Implement the work-from-home arrangement consistent with company’s written information security program to ensure the access, transmission, and storage of confidential business and personal information is safeguarded. Some key safeguards include:
      • Permit access only through VPN or similar connection.
      • Require two-factor authentication.
      • Supply employees with secure laptops.
    • Communicate critical reminders for employees, such as
      • Elements of confidential business and personal information that warrant protection.
      • Minimum necessary rule – basically, only use confidential and personal information as needed to complete the employee’s assigned tasks.
      • Being aware of phishing attacks, which are a particular concern now as threat actors are using the coronavirus as part of their attacks.
      • Knowing where to report a data incident.
      • Following instructions for system updates and security patches.
      • Saving company data only on the network, and not personal devices.
      • Not permitting others to access the company’s systems, including the personal device that has access to the company’s systems.
      • Setting devices to lock automatically for periods of nonuse.
      • Avoid printing sensitive corporate materials unless the reason to do so outweighs the risk.
      • Not sending sensitive corporate data to personal email or cloud accounts.
  • Obtain employees’ agreement to conditions for remote work. Items to cover in the agreement might include:
    • Continuing requirement to complete work assignments.
    • Maintaining availability during normal business hours.
    • Adherence to the company’s data privacy, security, and confidentiality policies.
    • Maintaining safe conditions and safety habits at the home office as established at company facilities.
    • Ensure all work time is recorded.
  • Consider tax issues associated with employees working from home, including those out of state, and reimbursement for costs related to equipment and service-related costs needed to perform work duties.

Jackson Lewis attorneys from multiple practices and industries are actively assisting businesses on the rapidly evolving Coronavirus/COVID-19 workplace health challenge. We are closely monitoring and updating our information as the situation continues to evolve. Below are some additional important resources to help answer some of the most common questions:

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Photo of Joseph J. Lazzarotti Joseph J. Lazzarotti

Joseph J. Lazzarotti is a principal in the Tampa, Florida, office of Jackson Lewis P.C. He founded and currently co-leads the firm’s Privacy, Data and Cybersecurity practice group, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP) with the…

Joseph J. Lazzarotti is a principal in the Tampa, Florida, office of Jackson Lewis P.C. He founded and currently co-leads the firm’s Privacy, Data and Cybersecurity practice group, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP) with the International Association of Privacy Professionals. Trained as an employee benefits lawyer, focused on compliance, Joe also is a member of the firm’s Employee Benefits practice group.

In short, his practice focuses on the matrix of laws governing the privacy, security, and management of data, as well as the impact and regulation of social media. He also counsels companies on compliance, fiduciary, taxation, and administrative matters with respect to employee benefit plans.

Photo of Jason C. Gavejian Jason C. Gavejian

Jason C. Gavejian is a principal in the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. and co-leader of the firm’s Privacy, Data and Cybersecurity practice group. Jason is also a Certified Information Privacy Professional (CIPP/US) with the International Association of Privacy…

Jason C. Gavejian is a principal in the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. and co-leader of the firm’s Privacy, Data and Cybersecurity practice group. Jason is also a Certified Information Privacy Professional (CIPP/US) with the International Association of Privacy Professionals.

As a Certified Information Privacy Professional (CIPP/US), Jason focuses on the matrix of laws governing privacy, security, and management of data. Jason is co-editor of, and a regular contributor to, the firm’s Workplace Privacy, Data Management & Security Report blog.

Jason’s work in the area of privacy and data security includes counseling international, national, and regional companies on the vast array of privacy and security mandates, preventive measures, policies, procedures, and best practices. This includes, but is not limited to, the privacy and security requirements under state, federal, and international law (e.g., HIPAA/HITECH, GDPR, California Consumer Privacy Act (CCPA), FTC Act, ECPA, SCA, GLBA etc.). Jason helps companies in all industries to assess information risk and security as part of the development and implementation of comprehensive data security safeguards including written information security programs (WISP). Additionally, Jason assists companies in analyzing issues related to: electronic communications, social media, electronic signatures (ESIGN/UETA), monitoring and recording (GPS, video, audio, etc.), biometrics, and bring your own device (BYOD) and company owned personally enabled device (COPE) programs, including policies and procedures to address same. He regularly advises clients on compliance issues under the Telephone Consumer Protection Act (TCPA) and has represented clients in suits, including class actions, brought in various jurisdictions throughout the country under the TCPA.

Jason represents companies with respect to inquiries from the HHS/OCR, state attorneys general, and other agencies alleging wrongful disclosure of personal/protected information. He negotiates vendor agreements and other data privacy and security agreements, including business associate agreements. His work in the area of privacy and data security includes counseling and coaching clients through the process of investigating and responding to breaches of the personally identifiable information (PII) or protected health information (PHI) they maintain about consumers, customers, employees, patients, and others, while also assisting clients in implementing policies, practices, and procedures to prevent future data incidents.

Jason represents management exclusively in all aspects of employment litigation, including restrictive covenants, class-actions, harassment, retaliation, discrimination, and wage and hour claims in both federal and state courts. He regularly appears before administrative agencies, including the Equal Employment Opportunity Commission (EEOC), the Office for Civil Rights (OCR), the New Jersey Division of Civil Rights, and the New Jersey Department of Labor. Jason’s practice also focuses on advising/counseling employers regarding daily workplace issues.

Jason’s litigation experience, coupled with his privacy practice, provides him with a unique view of many workplace issues and the impact privacy, data security, and social media may play in actual or threatened lawsuits.

Jason regularly provides training to both executives and employees and regularly speaks on current privacy, data security, monitoring, recording, BYOD/COPE, biometrics (BIPA), social media, TCPA, and information management issues. His views on these topics have been discussed in multiple publications, including the Washington Post, Chicago Tribune, San Francisco Chronicle (SFGATE), National Law Review, Bloomberg BNA, Inc.com, @Law Magazine, Risk and Insurance Magazine, LXBN TV, Business Insurance Magazine, and HR.BLR.com.

Jason is the co-leader of Jackson Lewis’ Hispanic Attorney resource group, a group committed to increasing the firm’s visibility among Hispanic-American and other minority attorneys, as well as mentoring the firm’s attorneys to assist in their training and development. He also previously served on the National Leadership Committee of the Hispanic National Bar Association (HNBA) and regularly volunteers his time for pro bono matters.

Prior to joining Jackson Lewis, Jason served as a judicial law clerk for the Honorable Richard J. Donohue on the Superior Court of New Jersey, Bergen County.