"Acts of 'personal convenience' are within the course of employment if they are 'reasonably contemplated by the employment.'" Moreover, issues as to whether an act is reasonably contemplated by the employment are resolved in favor of the employee. The Supreme Court has explained that the personal convenience exception is not limited to acts performed on the employer's premises. The California Supreme Court explained: "The rule is broad enough to include the majority of an employee's acts upon the employer's premises, such as eating lunch, getting a drink of water, smoking tobacco where not forbidden by the employer, attending to the wants of nature, changing to or from working clothes, and many others.” This is true even if the employee did not have the coronavirus –– it would be an injury on work premises, which is enough. An employee is not required to be performing a job-related activity in order for the injury to be compensable. Arguably, any requirement to work at home actually was actually imposed by the government during the lockdown - not the employer - but allowing this arrangement still opens an employer to liability for injuries workers sustain in their homes or while they commute from home to a job site.Īs discussed in "Sullivan on Comp" Section 5.59 Personal Comfort Doctrine, under the personal comfort doctrine, an injury at work might be compensable even though it occurred while the employee was engaged in an activity necessary only for personal comfort, convenience or welfare.
Many employers still require or allow their employees to work from home.
Many employers were forced to shut down and lay off their employees. Many employees could not continue to perform their regular job duties. Appendix - Web Links For Local Safety OrdersĪpart from liability for injury or death resulting from industrial exposure to the coronavirus, employers could be liable for other injuries related to the COVID-19 crisis.Īs discussed previously, state and federal measures called for social distancing, and a statewide stay-at-home order was issued in order to slow the spread of the virus.OSHA Requirements - Recording and Reporting COVID-19.CAL/OSHA Imposes New Notice and Reporting Obligations for COVID-19 Workplace Exposure.CAL/OSHA Imposes COVID-19 Safety Regulations on Businesses.Employer Response to COVID-19 in the Workplace.Teleworking in Response to the Pandemic.Federal and California Worker Adjustment and Retraining Notification Acts.California Resources - Unemployment and Disability Insurance, Paid Family Leave, Paid Sick Leave.Emergency Economic Injury Disaster Loans & Emergency Economic Injury Grants.Federal Action Including the Coronavirus Aid, Relief, and Economic Security Act.FAQs - Disability and Reasonable Accommodations.Disability and Reasonable Accommodations under the American with Disabilities Act & the Fair Employment and Housing Act.State, County and City Orders Applicable to Large Employers.How Families First Coronavirus Response Act Interacts with Family and Medical Leave Act & California Family Rights Act.FAQs - Families First Coronavirus Response Act.Emergency Family and Medical Leave Expansion Act.Families First Coronavirus Response Act.FAQs - Family and Medical Leave Act & California Family Rights Act.
You can integrate Slack or Microsoft Teams with ClockIt time clocks and allow your employees to punch in and out within the chat messengers.
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