Off The Clock, On The Hook: Liability For Employees Off-The-Job Acts During A Pandemic

Reduce liability for employee mistakes outside of work. Discover how COVID-19 has increased the risks.

Recent events at the United States Capitol have made it more important than ever for employers to know their legal rights when it comes to firing employees for acts done outside of the job. Additionally, COVID-19 has increased the risks organizations face for employee actions outside of work. Working from home blurs or eliminates the “off” or “on” in the job distinction and magnifies liabilities for employee behaviors, security, and safety.

You need to understand and define the lines between employee privacy, employer responsibility, and liability to the public. It is essential to have policies and practices to protect your company and yourself

• What developing COVID-19 issues, such as vaccinations and requests for permanent remote work, do you need to address?
• What is "off the clock" for wage and hours and FMLA purposes?
• Why can customers or the public sue the organization and the HR Director personally for employees’ non-paid-time acts?
• Are you liable for what a worker did on vacation?
• Why can a minor sue an organization for the off-work sexual misconduct of an ex-employee?
• Can an after-work happy hour be a liability?
• Can employers fire workers for “private” activities off the job, such as blogs, chat rooms, and social activities?

Credits

• This program has been approved for 1.5 general recertification credit hours toward PHR, SPHR, and GPHR recertification through the HR Certification Institute.
• This program is valid for 1.5 PDCs for the SHRM-CP or SHRM-SCP.

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