COVID-19 IN OKLAHOMA
After the pandemic struck the U.S. nine months ago, many businesses have been forced to adjust their policy and procedures manual as employees were instructed to work from home.
Employment lawyers from Oklahoma City and Norman agreed job expectations, particularly performance goals, have changed while other facets in the workplace remain the same.
Michael Bowling, employment lawyer for Oklahoma City law firm Crowe & Dunlevy, said forced telework has changed the way employees work and where they work.
“There are still productivity measures, but attendance is different,” he said, referring to computer log-on information that gives employers critical information. “But they (employers) can’t tell if someone is sitting at their desk or up walking around. Some jobs are harder to watch for productivity.”
It’s difficult to observe tardiness and some company violations might go unnoticed since many employees work from home.
“There are definitely changes in the workplace, and it’ll be interesting to see how this works out long-term,” said Bowling.
Jonathan Irwin, an employment lawyer with the Ward & Glass firm in Norman, said some companies have been forced to adjust their workplace practices because of changes in federal law.
“For instance, if you’re working from home can you dock someone’s pay? That’s not a good practice,” he said. “This (pandemic) certainly affects many of the policies and procedures companies had before COVID hit.”
In response to the pandemic, employers can amend current policies or provide an addendum that supplements current policies for a specified duration, such as until further notice, the lawyers agreed. Those policies can address expectations regarding schedules, timekeeping responsibilities to manage
overtime and labor costs, employee responsiveness and availability during normal work hours, and performance management expectations.
Some employers may choose not to specifically address COVID-19 in handbooks or policies because the rules are changing so quickly. However, it could be helpful for employers to clarify that there are unique policies related to COVID-19 that won’t be in effect outside of COVID-19, such as permitting employees to telecommute during the pandemic even if they aren’t able to perform all essential job functions from home.
During remote work arrangements, employers will need to be especially vigilant about managing timekeeping policies and rules to ensure non-exempt employees are properly documenting their work hours and working only when scheduled, Bowling said. Even without the COVID-19 pandemic, companies can avoid expensive litigation and employment hassles by having a comprehensive policies and procedures manual.
“While the types of policies may vary, it’s a good idea to have them in place for all businesses, even those with just one employee,” Bowling said.
Without them, discrimination complaints can be brought because employees were treated differently. Employers need to follow through on all expectations that are spelled out in the procedures manual, the attorney said.
“Treating people differently is not illegal, but with someone who is in a protected class it can lead to litigation,” Bowling said. “Employers want to be fair and consistent in the treatment of all their employees. A manual should provide a base set of policies that should be followed.”
Subsequently, the manual should include the consequences or punishments an employee will face when company policies are violated. Irwin said a policy and procedure manual should incorporate information that addresses attendance, behavior, alcohol and drug testing, corrective action measures, discrimination and harassment based on race, gender, sexual orientation or religion.
A progressive discipline policy should also be included in the manual so employees understand the consequences should they violate company policies.
Irwin noted that employers should also include vacation, sick time and personal time off in their company manual, so controversy doesn’t arise later on.
Bowling addressed an age-old myth that employees are restricted from discussing their pay and benefits.
“It is illegal (for an employer) to prevent employees from talking about their wages,” he said. “Discussing the terms and conditions of employment is considered free speech. But it’s very common for employers to try and prevent employees from talking about what they make.”