As COVID-19 cases and deaths continue to rise, so too does the number of lawsuits filed against employers. Recently, an increasing number of families of employees who died from COVID-19 have asserted wrongful death actions against employers for failing to keep their family members safe while at work. What can employers learn from these lawsuits to not only keep their workers safe but avoid being on the receiving end of such a claim?
Articles Discussing Workplace Issues Related to the Coronavirus (COVID-19)
CDC Issues COVID-19 Communication Plan for Critical Infrastructure Employers
On August 4, 2020, the U.S. Centers for Disease Control and Prevention (CDC) issued a communication plan titled “COVID-19 Communication Plan for Select Non-healthcare Critical Infrastructure Employers.” The purpose of the plan is to outline actions certain critical infrastructure employers may consider to disseminate COVID-19 messages with employees more effectively.
COVID-19 Orders Upon Orders—What Does It All Mean for St. Louis County Businesses?
Since March 2020, St. Louis County Executive Dr. Sam Page, and the county’s acting director of the Department of Public Health (DPH), Dr. Emily Doucette, have issued more than 20 orders and “safe operating guidelines” regarding COVID-19. On July 29, 2020, with an effective date of July 31, 2020, the
Emerging Trends In COVID-19 Workplace Litigation
As of this writing, employees from across the country have filed more than 430 COVID-19-related lawsuits against their employers and former employers. Not all of these claims have focused on the Family First Coronavirus Response Act (FFCRA) — the federal legislation governing Emergency Paid Sick Leave and Emergency Family and Medical Leave — but rather a substantial number of lawsuits have alleged employer impropriety using COVID-19 as a factual backdrop. Examining some of these cases more closely, some common themes emerge. How should employers prepare for potential litigation?
National Biometric Information Privacy Act, Proposed by Sens. Jeff Merkley and Bernie Sanders
Whether it is facial recognition technology being used in connection with COVID-19 screening tools and in law enforcement, continued use of fingerprint-based time management systems, or the use of various biometric identifiers for physical security and access management, applications involving biometric identifiers and information in the public and private sectors
School’s Out for … Fall? Managing Employees’ Need to Care for Children When School Is Virtual
In March 2020, everyone thought we just need to occupy our children at home for a few weeks, maybe through spring break, and we would be fine. Then it was “just make it to summer.” Now summer is winding down and many kids are not going back to school full-time
Back To Square One: Court Ruling Upends COVID-19 Leave Rules
In a surprising and significant ruling yesterday, a New York federal judge tossed out several key Department of Labor rules regulating the Families First Coronavirus Response Act (FFCRA), meaning that more workers will be able to take paid leave under the new law. The ruling also creates uncertainty for employers trying to comply with administrative aspects of the leave act requirements, and brings us back to the confusing early days of the new law before the DOL issued clarifying regulations. The scope of the ruling is unclear at present, as the judge did not specifically indicate if it applies nationally or just in New York. However, even if limited in scope, the same reasoning could be followed by other courts considering similar challenges in other parts of the country.
EEOC to Resume Dismissing Charges of Discrimination Following Suspension due to COVID-19 Pandemic
The Equal Employment Opportunity Commission (EEOC) announced on August 3, 2020, that it will begin dismissing charges that were suspended because of the COVID-19 pandemic.
Court Rules with New York: DOL “Jumped the Rail” in Restricting Pandemic Paid Leave
In a decision with far-reaching implications, U.S. District Judge J. Paul Oetken in the U.S. District Court for the Southern District of New York sided with the State of New York in striking down a U.S. Department of Labor (DOL) Final Rule limiting the circumstances under which employees can gain access to sick leave and emergency family leave benefits during the COVID-19 pandemic.
With COVID-19 Resurgent, Employers Confront Privacy and Information Security Issues When Testing Employees for COVID-19
With the resurgence of COVID-19 infections across the United States, employers are facing growing pressure to ascertain whether their employees have contracted the virus. Temperature checks and symptoms screening, while helpful, will not identify employees who are asymptomatic and potentially contagious. This gap is critical because studies show that up to
GOP Stimulus Bill Would Give Some PPP Borrowers a Second Draw and Expand Forgivable Expenditures
Senate Republicans have introduced the Health, Economic Assistance, Liability Protection and Schools (HEALS) Act, a nearly one-trillion-dollar stimulus package comprised of a package of bills that includes the Continuing Small Business Recovery and Paycheck Protection Program Act (HEALS PPP).
Will the Public Health Emergency Privacy Act Make it into the Next Stimulus Package?
Despite several attempts, Congress has struggled to push forward a federal consumer privacy law over the past few years. But the COVID-19 pandemic, which has raised concerns regarding location monitoring, GPS tracking and use of health data, has heightened the urgency for federal consumer privacy legislation. In May, a group
The Pros and Cons of Federal COVID-19 Liability Protections
Congress is currently battling over another coronavirus relief package and one of the main areas of contention is COVID-19 liability protections for businesses.
Senate Republicans Propose Bill to Shield Employers From COVID-19 Related Lawsuits
By: Senate Republicans Propose Bill to Shield Employers From COVID-19 Related Lawsuits
This week, Senate Republicans introduced a bill (S-4317) that would provide employers with protections from certain types of COVID-19 lawsuits that are already being filed and are expected to increase in the coming months. Importantly, this would be a
5-Step Best Practices Plan For Reopening Manufacturing Facilities
Although COVID-19 remains a significant public health concern, companies throughout the country have reopened their manufacturing facilities. As they reopen, companies should follow certain best practices to ensure the safety of their employees and avoid potential liability. Here is a five-step best practices plan to put your company – and your employees – in the best position to succeed.
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