LAW
John J. Balitis
Scott Bennett
Mark Kisicki
Sam Saks
“During the past few months, there has (also) been a big increase in ransomware attacks,” says Scott Bennett, an attorney with Coppersmith Brockelman. “Working from home increases the risk that employees will click on a malevolent link in a phishing email.” Bennett says employers can reduce the risk from ransomware through technical measures and education. “One common technical measure is to add a label to emails that come from outside the organization – something like ‘External Sender,’” he says. “That can help employees spot phishing emails that look like they are from a boss or co-worker. Education is also important. Employers need to train employees about the risks from phishing emails, and how to spot them. Many organizations will also send out fake phishing emails to employees. Those who click on a link in the email receive additional education about phishing emails and how to identify them.” WORKPLACE INJURIES — AT HOME Another potential issue is that employees injured while working at home might file a workers’ compensation claim. “Employers have seen some surprising benefits while transitioning their workforce 30
AB | November - December 2020
Jill Chasson
Eric Johnson
Nonnie Shivers from their offices to employees’ homes, but there are also significant drawbacks,” says Eric Johnson, chair of Quarles & Brady’s Labor & Employment Practice Group in Phoenix. “For instance, employee accidents while working from home will likely still go through workers’ compensation even though it may be extremely difficult for employers to ensure that an employee’s home provides a safe working environment.” Arizona law requires companies with more than one employee to have workers’ compensation insurance and failure to have it is considered a crime, according to Saks. A claim can trigger an investigation into coverage that could expose a company that isn’t compliant. “Companies can protect themselves by having proper safety policies and procedures in place,” Saks says. “Having a well-drafted employee handbook or manual is a great start, but revisiting it regularly is imperative to ensure the company is sufficiently covered in light of ever-changing laws and regulations.” REDUCING RISKS To address the risk associated with an increased number of employees working from home, employers need to think about their businesses and commit both time
and resources to finding ways to foster personal interactions to the extent both virus and business conditions permit, according to Mark Kisicki, a Phoenix shareholder at Ogletree Deakins. “Hopefully, employers can modify work schedules, operations and environments in ways that will allow employees to safely return to work onsite as soon as possible, even if on a rotating basis — understanding that it is crucial that they convince their employees that their safety is paramount,” he says. In the meantime, Kisicki says to encourage video-conferences rather than phone calls. Managers should have video-meetings with their employees regularly, and short individual video conferences each week with every employee they supervise. “Occasionally, one of the company’s most senior leaders should hold an all-hands video conference for employees, and convey as much positivity as circumstances allow, and reaffirm that everyone is in this together, and will get through it together,” Kisicki says. Employers need to ensure employees are remaining productive and actually working during the time for which they are paid, Kisicki adds. Since most remote employees utilize a computer all day, monitoring productivity should not be difficult. “One of the most significant risks that businesses face is the potential liability associated with failing to assess remote workspaces, so that hazards are identified and addressed,” says John J. Balitis, chair of the Labor & Employment practice group at Jennings, Strouss & Salmon. “Before an employee starts to work from home … an employer should ensure that the worker in the remote environment is complying with all health and safety policies that would apply at the office. Create and have each employee complete a survey that assesses the remote space, including its furnishings, ergonomics, and general working conditions.” The bottom line is that companies should draw on all their resources to protect themselves from a risk management perspective, Saks says. Involving their entire business team — including finance, IT, legal and security — ensures that companies see the bigger picture and aren’t being myopic. “This doesn’t completely eliminate risk,” Saks says, “but can significantly reduce it.”