Definition of non-essential employee

[quincy]

All well and good, but unless that state has a law that prohibits an employer from terminating an employee in that circumstance all the state can do is suggest how employers ought to treat their employees.

You can refer back to the information in the OSHA link I provided.

 

[elmxl88]

You can refer back to the information in the OSHA link I provided.

Thank you! I will call tomorrow.

 

[quincy]

I recommend you call the Hotline first.

Then, if you are retaliated against for expressing your concern about Covid-19 exposure, you should file a complaint immediately afterwards. There is only a small window of time (often as little as 30 days) to file.

Here is another link provided by New Jersey’s OSHA:
https://www.osha.gov/SLTC/covid-19/standards.html#workers

 

[cbg]

I'd also like to point out that being considered essential personnel and working from home are not necessarily mutually exclusive. I am considered essential personnel but my employer has ordered my entire team to work from home.

 

[quincy]

I'd also like to point out that being considered essential personnel and working from home are not necessarily mutually exclusive. I am considered essential personnel but my employer has ordered my entire team to work from home.

That is happening a lot. It really can depend on if the employer is set up for work at home employees.

 

[cbg]

And the specific duties of the job in question.

 

[quincy]

And the specific duties of the job in question.

That, too.

 

[Taxing Matters]

You can refer back to the information in the OSHA link I provided.

That does not contradict anything I've said.

 

[elmxl88]

The facility made everyone an "essential" employee to keep things fair .. so I have been told. You can't tell a nurse they are essential and force them to come in and turn around to the secretary and say... that she/he can work from home. This is how they justify it... Also, the owner doesn't want to have to pay someone that can't come in during a crisis or a snowstorm.

 

[elmxl88]

That is happening a lot. It really can depend on if the employer is set up for work at home employees.

No-one is set up with a VPN to work from home (due to $$) however, everyone can access their email.

 

[cbg]

ou can't tell a nurse they are essential and force them to come in and turn around to the secretary and say... that she/he can work from home.

Well, actually, they can. There's nothing illegal about that. It's not the kind of discrimination that going to get them in trouble with the law. And I don't know why the owner thinks he'd have to pay non-exempt employees who can't come in, in a snowstorm. Sounds like your employer doesn't really know much employment law. But so far, nothing you've said suggests that he's violating any, either.

 

[elmxl88]

Well, actually, they can. There's nothing illegal about that. It's not the kind of discrimination that going to get them in trouble with the law. And I don't know why the owner thinks he'd have to pay non-exempt employees who can't come in, in a snowstorm. Sounds like your employer doesn't really know much employment law. But so far, nothing you've said suggests that he's violating any, either.

He's a lawyer by degree and did practice years ago so he knows what he can and can't get away with. I think!?!?!?!

 

[cbg]

You have no idea how many real estate lawyers and family lawyers and even international banking lawyers get employment law wrong.

 

[LdiJ]

You have no idea how many real estate lawyers and family lawyers and even international banking lawyers get employment law wrong.

And tax law too.

 

[quincy]

No-one is set up with a VPN to work from home (due to $$) however, everyone can access their email.

Email is not the most effective or efficient way for working from home. Your employer should look at something like BlueJean to allow for real time communications.