Telecommuting and Remote Work Agreements

Need Help Creating a Telecommuting or Remote Work Agreement?

With the forced closing of business doors during the pandemic, many employers had no option but to offer employees a more flexible way to complete their work responsibilities. Telecommuting and remote work options became the norm for many businesses. The flexibility this new way of working provided in many instances became a preferred work arrangement for many employees and a number of employers adopted this new way of working on an ongoing basis. While telecommuting and remote work arrangements don’t work for all types of employers or all employee positions, it is reported that approximately 16% of organizations are now fully remote and approximately 50% allow some extent of remote work opportunities.

While the terms telecommuting and remote work are often used interchangeably, the term telecommuting refers to a work arrangement through which an employee is permitted to perform some work remotely, but still expected to report to or work at the employer’s business location part of the time. In a remote work arrangement, it is expected that essentially all of an employee’s work will be performed outside of the employer’s business location.

The importance of having a written agreement through which employees are provided a clear understanding of what to expect and what is required when working under this type of arrangement should not be overlooked. The terms and conditions under which telecommuting or remote work is available and permitted should be specified and defined in a written agreement.

Research reports provide the following data and conclusions:

  • Happy, loyal employees – Up to 74% of employees report being happier working from home and 39% would be willing to resign if they could not work from home.
  • Less sick time – When employees have the flexibility to work remotely, they may be less stressed, get sick less often, need less time off and miss fewer days of work.
  • More productive employees – Research suggests remote workers are more dedicated and end up working more and being more productive.
  • Expanded employee candidate pools – Options for hiring individuals located in distant locations provides employers with greater opportunities for hiring the best employees.
  • Good for the environment – By working from home, employees can help reduce harmful emissions and pollution.
  • Less congestion on roadways – Fewer vehicles on the road reduces traffic and can help reduce the number of automobile accidents.
  • Save money – Employers can save money on rent, utilities, insurance expenses and more. A recent study shows the average business can save more than $10,000 per employee per year. Employees save on transportation costs and expenses.

The Importance of a Properly Drafted Agreement

To help ensure a successful work arrangement, it is essential that a clear understanding of performance, productivity, safety, security and confidentiality standards is communicated and acknowledged. By establishing guidelines, expectations and requirements, a telecommuting or remote work agreement can benefit both the employer and employee. A properly drafted agreement helps prevent misunderstandings, performance issues and employee claims.

For complete details or a quote for your business, call us at (858) 376-7737 or click here: Contact.

2023 Employee Handbook Update

How it Works – It’s as Easy as 1, 2, 3!

If you have a handbook, you send it to us. If you don’t have a handbook, we contact you to get information about your business.

This will take only minutes of your time.

1. We send you a draft of your customized, up-to-date, legally compliant handbook. All you have to do is read it!

2. If you have any questions, you can speak with one of our California employment law attorneys for answers. There are no additional charges to speak with our attorneys for this. If you want to make any changes, we take care of that, too.

3. Your customized, up-to-date, legally compliant employee handbook is ready for distribution to your staff!

Our employee handbooks are completely customized and designed to include required policies and language along with a company’s specific policies, and also reflect the company’s particular industry, culture and manner of doing business.

Contact LMRC by phone at (858) 376-7737 or click here to email.

COVID-19 Prevention Emergency Temporary Standards

CAL/OSHA ETS Revisions

The third readopted version of Cal/OSHA’s COVID-19 Prevention Emergency Temporary Standards (ETS) has been approved by the Office of Administrative Law and is scheduled to remain in effect through December 31, 2022.

For information about revisions effective May 6, 2022, click here: What Employers Need to Know.

American Rescue Plan Act

The American Rescue Plan Act (Act) was signed into law on March 11th. Employers should be aware of significant provisions contained in the Act that relate to workplace policies and practices. A summary of some key points is provided below.

Extension and Expansion of Paid Leave Availability and Payroll Tax Credits

The American Rescue Plan Act allows employers to continue to offer the paid leave provisions created by the Family First Coronavirus Response Act (“FFCRA”) through September 30, 2021.

The FFCRA, enacted into law on March 18, 2020, required covered employers (e.g., most private employers of less than 500 employees and public employers) to provide employees with paid leave for qualifying COVID-19 related absences through December 31, 2020. The FFCRA also made tax credits available to employers that provided paid leave pursuant to the requirements of the FFCRA.

The Consolidated Appropriations Act, 2021, enacted in December 2020, permits employers to voluntarily continue to offer the FFCRA paid leave provisions to employees who had not exhausted their leave entitlements before December 31, 2020 through March 31, 2021. Employers that chose to continue the paid leave provisions can also claim tax credits up to the amounts permitted for corresponding payments made through March 31, 2021.

New Allotment of Paid Sick Leave – Pursuant to the American Rescue Plan Act, employers can voluntarily offer employees a new allotment of up to 80 hours (10 days) of qualifying paid sick leave and claim corresponding tax credits.

Eliminates Requirement that First 10 Days of Expanded Family and Medical Leave be Unpaid – The American Rescue Plan Act eliminates the requirement that the first 10 days of paid expanded family and medical leave be unpaid. The first two weeks of paid expanded family and medical leave (which were unpaid under the FFCRA) can now be paid at 2/3 of the employee’s regular rate of pay, increasing the maximum amount and tax credit limit for paid expanded family and medical leave from $10,000 to $12,000 per employee.

Additional Reasons for Paid Leave Available – The American Rescue Plan Act also creates additional bases for paid sick leave. An employee can be eligible for paid leave if the employee is:

1. absent from work to receive a COVID-19 vaccine;

2. recovering from complications related to receiving a COVID-19 vaccine; or

3. awaiting the results of a test or potential diagnosis for COVID-19.

Disqualification from Receipt of Payroll Tax Credits for Discrimination or Retaliation – Under the American Rescue Plan Act, employers are not eligible to receive payroll tax credits if they discriminate in providing leave or fail to comply with the anti-retaliation provisions and requirements of the FFCRA.

Employee Retention Credit – The American Rescue Plan Act extends and expands availability of the employee retention credit established by the Coronavirus Aid, Relief, and Economic Security Act and extended by the Consolidated Appropriations Act of 2021 for qualifying wages paid to employees through the end of 2021.

What Employers Should Do

The American Rescue Plan Act contains a number of other provisions aimed at helping employers, displaced employees and individuals struggling to meet the challenges created by the pandemic.

Employers should contact legal counsel for assistance in understanding legal requirements and strategies to meet compliance obligations.

We Can Help

Our Most Popular Plan is 20% Off Through March 26, 2021!

Our most popular annual plan provides employers with all of the following for one low monthly fee:

• employment law, human resource and management consultation – no hourly fees and no time limits;

• up-to-date employee handbook – drafted/reviewed by an experienced employment law attorney; and

• online harassment prevention training for all employees and supervisors.

Starts as low as $199/month through March 26, 2021!

Contact us at info@lmrcenter.com or (858) 376-7737.

Discount is available for new clients, through March 26, 2021.

20% Discount on Employment Law and HR Consulting

Lucky You! Our St. Patrick’s Day Special is 20% Off Our Most Popular Plan!

Receive ALL 3 of the Following – Starting at as Low as $199/month

1. Unlimited Consultation – Employment Law, Human Resources and Management – All Year

2. Customized Employee Handbook – Drafted or Reviewed and Updated

3. Online Harassment Prevention Training – for All Employees and All Supervisors – Meet California Law Requirements

Contact us at info@lmrcenter.com or (858) 376-7737.

Grab Your Gold!

Discount is available for new clients, through March 26, 2021.

2021 Employee Handbook Update – 25% Discount

How It Works

If you have an employee handbook, our California employment law attorneys can review your current handbook – all policies will be updated to reflect current laws, outdated and inapplicable policies will be deleted and new, required policies will be added.

If you don’t have an employee handbook, our attorneys can draft one for you. It’s time to get one!

Right Now . . . It Costs ONLY $750 and Our Attorneys Do ALL the Work!

It’s as Easy as 1, 2, 3!

If you have a handbook, you send it to us. If you don’t have a handbook, we contact you to get information about your business (this will take only minutes of your time).

1. We send you a draft of your customized, up-to-date, legally compliant handbook. All you have to do is read it!

2. If you have any questions, you can speak with one of our California employment law attorneys – at no extra cost.

3. Once finalized, your customized, up-to-date and legally compliant employee handbook is ready for you to distribute to your staff!

Contact us at info@lmrcenter.com or (858) 376-7737.

2021 Employment Law and HR – What You Need to for 2021

Your End of 2020 Checklist:

▪  Employers of 5 or more employees must ensure all employees and supervisors complete the required amount of harassment prevention training by January 1, 2021.

▪  Learn what new and updated laws require now and what is required beginning on January 1, 2021.

▪  Create 2021 employee handbook.

▪  Update/create forms and prepare for new required processes and procedures.

▪  Have legal counsel review policies, procedures and forms to ensure compliance.

▪  Post required notices and posters.

▪  Much more!

We can help!

The Law and Management Resource Center has been helping employers comply with federal, state and local requirements, protect their businesses and employees and save money for nearly 15 years!

Here’s an example of the type of reviews we receive…

Contact us at info@lmrcenter.com or (858) 376-7737.

California Harassment Prevention Training Requirements are Still in Effect

For Many Businesses with 5 or More Employees, All Employees and Supervisors Must Complete Training by January 1, 2021

We know 2020 has already been difficult enough for employers and employees.

So, we’ve brought back one of our most popular deals to help . . .

“Buy 2 – Get 1 Free” Online Training Special!

Available for Purchase Now Through October 23rd

Employee One-Hour Program – Only $14.67/pp

Supervisor Two-Hour Program – Only $28/pp

Take Advantage of the Benefits of Our Online Training:

• Accessible via computer, tablet and smartphone 24/7 from anywhere with internet access.

• Individuals can complete training at their own pace.

• Start, pause and pick-up where stopped feature included.

• Completion of training is tracked for employers.

• Qualified trainers – our attorneys meet the qualification requirements established by California law.

• Certification – both attendees and their employers receive certificates of completion demonstrating compliance with the law.

For Extra Savings . . .

Buy Extra Programs Now at Discounted Price for Use Later!

Wondering if We Are the Right Choice for Your Training?

Here’s an example of the type of reviews we receive…

harassment prevention training california, discrimination training california

Contact us at info@lmrcenter.com or (858) 376-7737.

4th of July Discount – Employment Law and HR Consultation

Celebrate the 4th of July with a 25% Discount on Our Most Popular Plan!

Employment Law and HR Consultation

Starts at only $187/month and includes the following:

Employment Law, Human Resource and Business Management Consultation

plus

Online Harassment Prevention Training for Entire Staff

and

Up-to-Date Employee Handbook

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Unlimited Virtual Employment Law, Human Resource and Business Management Consultation – All clients enrolled in one of our affordable consultation plans receive employment law, human resource and management advice and counseling from our staff of experts. Clients call or email our in-house, licensed California attorneys and human resource and MBA consultants as often as they need to for answers to questions and strategic advice.

No Hourly Fees and No Time Limits – There is no limit on the number of times consulting service clients can call or write during the year and no time limit on how long clients can talk with our team of experts. Clients never have to worry about calling or writing too much – we want our clients to get all the help they need!

We know you have questions in these unprecedented times. The law is constantly changing and you need to be able to focus on the success of your business while keeping yourself and your family healthy. Whether you have questions about the new leave laws, layoffs, employees working remotely, or more, we can help.

Our solutions let you focus on what you do best – while we take care of the rest!

About Us

The Law and Management Resource Center (LMRC) is an employment law, human resource and business management consulting and training firm. LMRC works with human resource professionals and representatives of businesses and organizations of all sizes and industries.

A Professional Team You Can Trust – Includes Experienced California Attorneys!

Our employment law and human resource services are provided by in-house, licensed California employment law attorneys who are also experienced human resource executives. California laws are unlike any other, which is why it’s imperative to not just work with an attorney, but with a California attorney.

While our attorneys possess years of courtroom experience, our goal is to help keep our clients out of court through strategic counseling, education and information. Our consultation services are not provided as a feeder to a litigation department.

Help with business management needs is fulfilled with the additional expertise and knowledge of an MBA consultant.

California businesses do business with us because they know . . .

education and information help prevent litigation and promote success in an organization

Our Remote/Virtual Services

LMRC can be your remote/virtual HR department or an essential resource to your current staff of HR professionals. We offer affordable annual consultation plans, online and in-house training (including harassment prevention, employment law, management skills), document drafting and review (including employee handbooks, contracts, forms and policies) and hourly and project-based HR department and business management services.

Your One-Stop-Resource for employment law, human resource and business management needs!

Why is LMRC So Popular?

Contact us at info@lmrcenter.com or (858) 376-7737.

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COVID-19 Antibody Testing of Employees in California

COVID-19 Antibody Testing of Employees

covid 19 antibody testing employees california

According to recent regulatory guidance issued by the Equal Employment Opportunity Commission (EEOC), employers are prohibited from mandating that employees take a COVID-19 antibody test prior to returning to work. The EEOC guidance states that mandating such testing would violate the Americans with Disabilities Act (ADA). The EEOC regulatory guidance pertains to antibody or serology tests to determine whether a person was infected with COVID-19 (regardless of whether they are asymptomatic) and have developed antibodies to the virus.

This EEOC regulatory guidance coincides with a recent policy directive issued by the Center for Disease Control and Prevention (CDC) which stated that antibody testing should not be used to determine if an individual is immune to COVID-19 and/or to make a decision to allow workers to return to their worksite.

In issuing the regulatory guidance, the EEOC stated that requiring employees to submit to a COVID-19 antibody test prior to returning to the workplace would violate the ADA since antibody testing under the ADA constitutes a medical examination. Furthermore, the EEOC stated that such mandated antibody testing would not be exempt under the ADA’s “job related and consistent with business necessity” exemption which allows medical exams or inquiries of current employees.

This recent regulatory guidance overturns a prior guidance issued by the EEOC in which it had stated that employers were permitted to administer COVID-19 viral tests to employees prior to allowing them to return to work in order to determine if the employees were actively infected with the virus.

In overturning its prior regulatory guidance, the EEOC stated that antibody and viral tests are separate and distinct types of tests and that viral tests are permissible while antibody or serologic tests are prohibited under the ADA because the CDC has concluded that antibody testing has certain limitations, including the potential for false positives and a lack of data regarding whether the presence of antibodies validates the immunity of a person to COVID-19 for a period of time.

Employers are advised to continue to monitor guidance on this topic, as the EEOC has stated it may adjust its regulatory guidance on this issue as it continues to monitor recommendations issued by the CDC.               

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