Several governors throughout the country have now issued executive orders requiring individuals to stay at their place of residence, unless attending to essential business such as buying groceries or filling prescriptions. Some of these orders are having an impact on employers’ ability to require employees to physically report to work. For example, a recent order by New York Governor Andrew Cuomo requires all employers except those “providing essential services” to “reduce the in-person workforce at any work locations by 100%.”  Similarly, California Governor Gavin Newsom’s N-33-20 essentially requires people to work from home unless they work in an critical infrastructure sector.

              While many employers have already implemented an indefinite full-time telework policy for their workforces, those who haven’t should be aware that the number of states implementing such mandatory telework orders is likely to increase as the COVID-19 outbreak continues.