Fisher Phillips News

COVID-19 OSHA Whistleblower Claims On The Rise As Virus Rages On

This legal alert was published on September 16, 2020 by Phillip Bauknight in New Jersey.

A recent report from the federal government revealing that workplace safety whistleblower claims have exponentially increased during the pandemic should give all employers pause – and should motivate you to take immediate steps to ensure you don’t find yourself on the receiving end of such a claim. What do you need to know about this dramatic rise and what can you do about it?

Legal Alert: Flu Season And Possible COVID-19 Vaccine Will Shine A Spotlight On Workplace Vaccination Policies

This legal alert was published on August 18th 2020 by Kevin Troutman in Houston.

 

As the flu season approaches and the COVID-19 pandemic continues, employers’ mandatory vaccination policies may soon become more important than ever. For several reasons, those policies will also attract unprecedented scrutiny. First, the Centers for Disease Control (CDC) has stated that getting the flu vaccine this fall will be all the more important, both to reduce health risks for individuals and to conserve the country’s potentially scarce healthcare resources, particularly for respiratory conditions like the flu and COVID-19. Second, one or more COVID-19 vaccines are expected to become available later this year or in early 2021, offering possible protection from this worldwide scourge. Third, mandatory vaccination policies sometimes spark deeply personal responses at a time when political differences and social justice issues remain at the forefront of the nation’s consciousness.   

As employers seek to balance their duty to maintain a workplace free of recognized dangers and the rights of individual employees, questions abound: Can you enforce mandatory vaccination policies? (In most cases, the answer is “yes,” as discussed below.) If you mandate flu shots or COVID-19 vaccinations, what specific risks and responsibilities must you consider and address? And finally, is a mandatory vaccination policy the right option for your company? As usual, the answers to these critical questions lie in the details. This article will provide you an outline of issues to consider as you answer these questions, along with some recommended best practices guidance to lead you through these unprecedented times.

Legal Alert: 4 Common COVID-19 Misunderstandings That Could Place Your Company At Legal Risk

This legal alert was published on August 17th, 2020 by Travis W. Vance in Charlotte.

 

Throughout the COVID-19 pandemic, the Centers for Disease Control and Prevention has issued constantly changing guidance for employers that many view as complex, confusing, and impractical. In its perplexing web of guidelines, the CDC recommends that your company take several actions to protect workers from contracting COVID-19, like self-isolating sick employees, quarantining exposed employees, screening employees for symptoms prior to work, and installing partitions to protect public-facing employees.

Given their complexity, some of these directives are often not fully understood by companies. Further complicating matters, many of the recommendations have never been previously undertaken by employers, leading to misapplication. Worst of all, other guidelines are simply not feasible for some employers, leaving them with the tough decision of not following the CDC directive in order to stay in business.

Unfortunately, ignoring or misunderstanding these confusing guidelines, like the four commonly misinterpreted guidance listed below, could lead to legal risks for your company.  

Legal Alert: An Employee Has COVID-19—Now What? An Employer’s Quick 7-Step Guide

This legal alert was published on July 7, 2020 by Hannah Sweiss (Woodland Hills, Los Angeles).

 

Though many experts thought the summer months would bring reprieve, COVID-19 cases are continuing to rise in the United States and, as a result, more employers are dealing with employees testing positive for the coronavirus. Since we published our original plan for responding COVID-19 cases when businesses began to reopen in April, updated guidance has provided some additional considerations employers should keep in mind as they address a positive coronavirus case. Here is our quick seven-step guide to addressing a positive COVID-19 case in the workplace.

Legal Alert: How Should Your Business Handle Anti-Mask Guests? A 5-Step Action Plan

This legal alert was published on July 16, 2020 by:

• Myra Creighton (Atlanta)
• Aymara Ledezma (Los Angelas)
• Todd Logsdon (Louiville)
• Richard Meneghello (Portland)
• Catharine Morisset (Seattle)
• Andria Ryan (Atlanta)

As an increasing number of businesses begin to require face coverings in their facilities – whether as a result of a local legal mandate or in the interest of public safety – there has been a corresponding increase in the number of well-publicized reports of customers and guests reacting in a belligerent, hostile, or even violent manner after being asked to comply with mask rules. What should your business do to minimize the chances of such an incident occurring in your workplace, and what should you do if an anti-mask guest disrupts your business? Here is a five-step plan to address this unfortunate part of our new reality.

Legal Alert: SCOTUS Preserves DACA Program, Keeping Workplaces Intact For Now

This legal alert was published on June 18, 2020 by Jessica T. Cook, Shanon R. Stevenson, and Cynthia J. Yarbrough in Atlanta.

 

By a 5-4 vote, the U.S. Supreme Court ruled on June 18th, the Trump administration did not provide adequate and appropriate justification to terminate the Deferred Action for Childhood Arrivals (DACA) program, preserving the ability of approximately 700,000 individuals – sometimes known as “Dreamers” – to remain in the country and in American workforces. Considering the June 18th decision, many DACA recipients will be able to apply to continue to extend their employment authorization or pursue additional educational opportunities.

Legal Alert: “No Contest”: Supreme Court Finds Title VII Protects LGBTQ Individuals From Workplace Discrimination

This legal alert was published on June 15th, 2020 by J. Randall Coffey in Kansas City, David Klass in Charlotte, Megan Walker in San Diego, and Sarah Weiseltheir in New York and New Jersey.

 

In a 6-to-3 vote on June 15th, the U.S. Supreme Court ruled that workplace discrimination because of an individual’s sexual orientation or gender identity — including being transgender — is unlawful discrimination “because of sex” under Title VII of the Civil Rights Act of 1964. The basis for the Court’s ruling in Bostock v. Clayton County was summarized by Justice Gorsuch in his majority opinion: “An individual’s homosexuality or transgender status is not relevant to employment decisions. That’s because it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.” What do employers need to know about this historic decision?

Legal Alert: 6-15-48: These 3 Numbers Offer A Simple Way To Understand Contact Tracing In The Workplace

This legal alert was published on May 26th, 2020 by Travis W. Vance in Charlotte.

 

Perhaps the most challenging aspect of encountering a suspected or confirmed case of COVID-19 among your employees as you reopen your business is identifying those employees who worked near the infected worker – and thus must also be quarantined. Luckily, there is a simple numerical sequence you can remember that will enable you to follow the CDC contact tracing guidelines for general businesses: 6-15-48. You will need infected employees to identify others who worked within 6 feet of them, for 15 minutes or more, within the 48 hours prior to the sick individual showing symptoms, or later.

Legal Alert: School’s Out For Summer: Unavailability Of Child Care And The FFCRA

This legal alert was posted on March 26th 2020 by Matthew R Korn and Sheila M Willis in Columbia.

 

As more and more businesses plan their re-openings heading into the summer months, many employers are trying to determine how to handle employee requests for leave under the Families First Coronavirus Response Act (FFCRA) based on the unavailability of child care. Specifically, once schools are closed for summer vacation, do employees continue to qualify for paid leave benefits under FFCRA?

Legal Alert: Can Employers Use COVID-19 Waivers To Limit Liability?

This legal alert was posted on May 26th, 2020 by Benjamin J Ross in Denver and Samantha Saltzman in Irvine.

 

With employees returning to work and companies reopening their doors to customers, employers are looking for ways to limit liability related to potential COVID-19 cases contracted in the workplace. To do so, many are considering waivers for not only their employees, but also for customers. Such waivers, however, are somewhat limited in their effectiveness and employers should consider the pros and cons before attempting to implement them. You may also want to consider an alternate strategy that may offer you some of the assurances you seek without many of the negatives associated with waivers.