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Your COVID-19 and employment law questions answered
EDNA Team • Aug 26, 2021
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Your COVID-19 and employment law questions answered
At Employee Law Group, we’ve seen just about everything that can happen on the job—wrongful termination, discrimination, unpaid wages, broken contracts, you name it. These are usually clear-cut cases where we apply the law to the facts and get the best result for our clients.
But, the uncertainty following the COVID-19 pandemic has impacted every part of our lives, including our workplaces, in ways that the law hasn’t necessarily considered. We’ve heard many questions from workers across Los Angeles and Orange Counties that reflect just how unclear the law appears to be. While the answers may not be definite under these uncertain circumstances, the law provides some guidance.
Does my boss have to pay for my home internet service?
I’ve been working from home, and I had to upgrade my internet service to handle work files and internet traffic. I asked my boss to pay the extra cost. She said no because I also use the internet for personal stuff like Netflix or Facebook. Does my boss have to pay for my internet, even though I also use it in my free time?
Yes. Anytime you have to spend your own money to do your job, your employer is required to reimburse you. Whether it’s driving your personal vehicle to pick up supplies or make a delivery, using your cell phone to answer customer emails or exchange text messages with your supervisor, or using your home internet service for work, you are entitled to fair pay for those costs.
Usually, your employer will pay for mileage at the legal rate for using your car or may ask for gas station receipts and a recording of your miles driven. Cell phone and internet usage are a little more complicated, especially when you also use them in your personal time. A common compensation method is to make a fair estimate of what percentage of the time you use it for business and ask your boss to pay that percentage of your bill. For example, if 70 percent of your internet usage is work-related, your boss must pay 70 percent of your bill.
If they refuse, we can help you recover what you’re owed.
Can my boss fire me if I don’t come back to the office?
I have a health issue that puts me at high risk of severe complications from COVID-19. I’ve been working remotely without any problems, but now my boss wants me to go back to the office and threatened to fire me if I don’t. Can he do that?
Probably not. If your workplace has more than five employees, your boss must abide by laws against discrimination. A medical issue that doesn’t interfere with your ability to do your job is a protected status and could be grounds for a disability discrimination case if you face adverse treatment because of it.
If you can satisfy your job requirements while working remotely, you and your doctor can discuss requesting a temporary accommodation from your employer to allow you to work from home until the COVID crisis passes. Your boss must negotiate with you in good faith to find a reasonable solution that enables you to keep your job and protect your health.
If you requested a medically necessary accommodation and your employer refused it, declined to negotiate a solution, or worse, fired you for needing an accommodation, call us. We can help you determine the right path forward. But don’t delay—discrimination laws have short deadlines, and waiting too long can cost you your rights.
Can my boss force me to get a COVID vaccine?
My boss wants all employees to get COVID vaccines or they won’t be permitted to go back to work. Are they allowed to do that?
The answer isn’t fully clear at the moment, but it appears that your employer can require you to be vaccinated unless you have a legitimate health concern or sincerely held religious beliefs that prevent it. So, probably yes.
The U.S. Equal Employment Opportunity Commission (EEOC) issued an opinion in May 2021
() saying that federal law does not forbid employers from demanding their workers get vaccinated before returning to work. The Justice Department (DOJ) followed up with a July 2021 opinion stating that your employer must inform you of your right to refuse the vaccine since it is under an “Emergency Use Authorization,” but they can still treat vaccination as a “condition of employment." The recent full approval of the Pfizer vaccine may change that requirement.
California’s Fair Employment and Housing Act is separate from federal law, but California courts often look to federal law when considering similar state laws. As of mid-August 2021, no California court has addressed this question directly, but the EEOC and DOJ opinions are likely to be persuasive.
Remember, your employer also has an obligation to you and your colleagues to provide a safe working environment and could face legal liability for needlessly allowing a sick employee to infect others with possibly lethal consequences.
We’ve heard of some people getting notes from doctors or religious leaders claiming medical or religious exemptions without real justification. But anyone considering going that route should be careful—if your boss finds out that your exemption is based on a fake claim, you could lose your job. Lying to your boss is always considered legitimate grounds for termination.
Can I stop my boss from sharing my vaccination history with customers?
My boss wants to tell our customers that all the employees have been vaccinated so they won’t be worried. But I’m concerned about giving out my medical information to strangers. Can I tell my boss not to share my vaccination history?
If your employer has access to your medical information, they are obligated to keep that information confidential under California law. If they share it without your permission, they could face serious penalties.
Your boss can ask you if it’s okay to share your COVID vaccine status, but they’re not allowed to demand that you let them do it. They also can’t retaliate against you if you say no.
California has a right of privacy written into its constitution, so courts treat that right very seriously. The law clearly states that your employer has a duty to keep your private information away from anyone who isn’t authorized to see it.
If you believe your employer is sharing your vaccine status without your permission, give us a call. Your medical history, including vaccinations, is some of the most private information there is. You have the right to keep it that way, and we can help you protect it.
How to protect yourself
The pandemic has changed the way we live, work, and play. And while the law has not yet caught up, you can still protect yourself against unfair, unlawful treatment in the workplace:
Keep records of all purchases required to carry out your core work duties, such as gas station receipts and internet bills.
When raising concerns with your supervisor, boss, or the HR department, be professional and polite.
Don’t assume that your boss understands their legal obligations. If something doesn’t feel right – they shared your vaccination status without your consent, for example – follow up with a trusted lawyer.
Advice you can trust
At Employee Law Group, we offer advice you can trust in a time of uncertainty. So reach out today, and let’s talk through your questions and concerns.
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