In the article "'Can I Order People Back to Work?' And Other Coronavirus-era Labor-law Questions, " the Minneapolis / St. Paul Business Journal spoke with Labor & Employment partner Dan Prokott about businesses reopening in Minnesota.
The publication reports that the state’s recent decision to loosen restrictions for businesses, coupled with a state-released preparedness plan for workplaces, has led to businesses and employers wondering about what they need to do in order to start business back up.
Prokott told the Business Journal that "All workers who can work from home must continue to do so. Therefore, under Minnesota's current executive order, any employee who can effectively perform their job from home must be permitted to continue to do so and should not be required to return to work at the employer's physical location(s)."
If an employee can't perform their work duties from home, the employer may require that employee to return to work provided the employer complies with state and national agency guidance. Prokott noted that "if an employer takes adverse action against an employee who refuses to return to work, then there are various types of legal claims the employee could assert depending on the circumstances and reasonableness of the employee's expressed concerns and the employer's actions in response to those concerns."
View the article online to read Prokott's full commentary.