The following checklist represents a high-level overview of potential issues to guide an organization’s thinking about reopening most effectively while mitigating business and compliance risks. Reopening orders at the state and local levels can vary significantly, and planning should take those requirements into account.
As employers increasingly choose to allow employees to work remotely, even as the workplace restrictions caused by the Covid-19 pandemic wane, in many cases those workers are located outside of the employer’s regular work state. As a result, questions arise as to what laws, and state and local compliance obligations, apply.
Employers monitor off-site employees for numerous reasons—not simply to ensure productivity, but to protect trade secrets, avoid data breaches, track an employee’s physical location, and generally discourage or identify misconduct. Most recently, monitoring has been used for COVID-19-related contact tracing purposes. However, privacy-related legal pitfalls abound.
As the pandemic has compelled more employers to undertaking the hiring process remotely, what are the privacy and security risks inherent in conducting job interviews online, and what may employers do to mitigate those risks? Learn some actions to take in this checklist in order to protect employer and potential employees.