In the face of the ongoing COVID-19 pandemic, many employers have had to consider both the business and legal implications of ceasing operations versus shifting to telework versus attempting to continue in-person work. Recent legislation and executive orders have addressed the protections of employees who cannot telework while at home due to COVID-19 exposure and/or lack of childcare, but this gives rise to questions concerning if and when an employer is obligated to offer telework to employees.
Federal Laws at Play
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