Is Teleworking Now Mandatory Under Governor Wolf's Order?

On November 23, 2020, Pennsylvania Governor Tom Wolf announced a series of measurers in response to the growing number of COVID-19 cases in the Commonwealth.  Notably, with respect to teleworking, the Governor issued an Order stating that: 

Unless impossible, all businesses must conduct their operations remotely, through individual teleworking of their employees in the jurisdiction or jurisdictions in which they do business.  Where telework is impossible, employees may conduct in-person business operations, provided that the business fully complies with this Order, and all existing and future applicable guidance issued by the Wolf Administration, the Department of Health, and Centers for Disease Control and Prevention.

Astute readers may recall that, in July of 2020, the Governor issued a similar Order stating that:

Unless not possible, all businesses are required 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.

Unfortunately for employers, the new Order neither defines the circumstances in which conducting remote operations is “impossible” as opposed to “not possible” nor provides any other guidance on this point.  Nevertheless, employers should evaluate their policies and procedures before the Order becomes effective at 12:01 a.m. on November 27, 2020.  Ensuring compliance is crucial, as the Commonwealth has announced increased enforcement efforts, including investigating complaints from customers and employees.

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 developments that affect your workplace, be sure to subscribe to our blog and follow us on social media.