Some employers are considering extending work-from-home options for employees. How might an employer decide who may continue working remotely and who should be at the organization's physical site?

We recommend the first thing to think about is your employee's health and safety.  Given OSHA allows for employees to not come back if they are fearful, it is vitally important to consider an employee’s personal choice when you are making the decision.

Secondly, you need to consider whose job necessitates them to be physically on-site and decide if that is an everyday requirement.  You may have some tensions between those allowed to stay home and although equality and fairness has often been considered the ultimate goal with standard rules for all, those times are gone.

The bottom line is you need to make the decisions you think are best for your business (while ensuring OSHA compliance), and if employees won’t comply, they may need to be terminated.  Contact your labor attorney to help you with termination decisions.

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