This article has been saved to your Favorites!

IRS Orders Employees To Work Remotely, Citing Coronavirus

By David van den Berg · 2020-03-30 19:48:31 -0400

The IRS has ordered all employees whose work is portable to work remotely starting this week in order to decrease exposure to the novel coronavirus, according to an internal bulletin posted Monday by a union representing agency employees.

The order applies to all workers even if they're not teleworking now or are not on a telework agreement, the IRS said in the bulletin, posted by the National Treasury Employees Union. Employees who still have to show up to complete mission-critical work that cannot be done remotely will get additional guidance from supervisors, the bulletin said. The agency has also restricted access to buildings starting this week to workers doing essential tasks that can be done only on site and workers who need to pick up supplies, mail that is related to their assigned work and work assignments, the IRS bulletin said.

The IRS announced the order internally on Friday. It comes as the agency faces the task of overseeing rebate payments under legislation President Donald Trump signed into law on Friday. The agency has also announced a plan to suspend some enforcement and closed some facilities during the global outbreak of the virus, which causes the respiratory disease COVID-19.

The employee evacuation order is a result of recent guidance from the Office of Personnel Management, according to the agency.

The NTEU, which represents IRS employees, said in its own memo, provided to Law360, that the IRS has the authority under federal regulation to issue the employee evacuation order, but the union said it had questions about the order and would discuss them with the agency.

Employees who can't telework because of "accommodation issues" or a lack of high-speed internet should inform their supervisors; they should be eligible for weather and safety leave, the union said in its memo. In addition, the union said workers may be assigned tasks they don't normally do.

"Employees may be assigned any work considered necessary or required to be performed during the period of evacuation, without regard to their grade, level or title," the NTEU said in its memo. "Failure or refusal to perform assigned work may be subject to disciplinary action and could result in the termination of pay."

The IRS didn't respond to requests for comment.

H.R. 748, the Coronavirus Aid, Relief and Economic Security Act, which Trump signed into law Friday, calls for most individuals to get $1,200 rebate payments and for married couples filing jointly to receive $2,400. Those payments will be reduced for single filers with incomes above $75,000 and $150,000 for couples.

Treasury Secretary Steven Mnuchin said in an interview on CBS' "Face the Nation" on Sunday that people who have direct deposit information on file can expect to see direct deposit payments in their bank accounts within three weeks. He said a web-based system will be created for people who do not have banking information on file. It will allow them to upload that information so they get the money faster than by waiting for a check in the mail.

The plan for suspension of some tax payments and compliance programs announced Wednesday will start April 1 and run through July 15. During that period, IRS agents will avoid in-person contacts as much as possible. IRS Commissioner Chuck Rettig said the agency would review the plan and could change or expand it as needed.

--Editing by Joyce Laskowski. 

For a reprint of this article, please contact reprints@law360.com.