What Does Governor Wolf's July 15th Order Mean for Teleworking?

On July 15, 2020, Pennsylvania Governor Tom Wolf and Pennsylvania Secretary of Health Rachel Levine issued orders aimed at mitigating the recent spike in COVID-19 in Pennsylvania, particularly in the southwestern portion of the Commonwealth.  Although the orders primarily pertain to bars, restaurants, and nightclubs, they also briefly address teleworking. The Governor’s Order, in pertinent part, states 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.  Where telework is not possible, employees may conduct in-person business operations, provided that the businesses fully comply with all substantive aspects of the [Secretary of Health’s April 5, 2020 Order Directing Building Safety Measures] and [the Secretary of Health’s April 15, 2020 Order Directing Public Health Safety Measures]; and all existing and future applicable guidance issued by the Wolf Administration, the Department of Health, and Centers for Disease Control and Prevention.

Unfortunately for employers, these orders have raised more questions than answers regarding teleworking.  It is unclear, for example, how the orders affect the Commonwealth’s Re-Opening Plan.  Under the “green” phase of the plan, which all counties in Pennsylvania have been operating under for two weeks, employers are “strongly encouraged” to allow employees to telework.  Please feel free to contact the attorneys at Hoffman & Hlavac to discuss your business’s individual circumstances and how these orders may affect your workforce.  To continue to stay updated on the key labor and employment law developments that affect your workplace, subscribe to our blog and follow us on social media.