Episodes
Tuesday Sep 08, 2020
Tuesday Sep 08, 2020
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.
Monday Aug 03, 2020
Monday Aug 03, 2020
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.
Monday Aug 03, 2020
Monday Aug 03, 2020
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.
Monday Jul 06, 2020
Monday Jul 06, 2020
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.
Monday Jul 06, 2020
Monday Jul 06, 2020
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?
Monday Jun 01, 2020
Monday Jun 01, 2020
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.
Monday Jun 01, 2020
Monday Jun 01, 2020
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?
Monday Jun 01, 2020
Legal Alert: Can Employers Use COVID-19 Waivers To Limit Liability?
Monday Jun 01, 2020
Monday Jun 01, 2020
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.
Monday May 04, 2020
Monday May 04, 2020
This legal alert was posted on April 24th, 2020 by Risa B. Boerner (CIPP/US) and Luke E. McDaniels in Philadelphia.
The COVID-19 pandemic has caused many employers now operating remotely to conduct meetings via video conference – which has created a whole new set of various privacy and cybersecurity concerns. While these remote work tools have facilitated a more personal connection and interactive experience, their use is fraught with privacy concerns you may never have before considered. If your organization is weighing its options or unaware of the risks these services may create, this article provides a 10-point plan to protect your personal and confidential information and ensure you remain compliant with various federal and state privacy laws.
Monday May 04, 2020
Monday May 04, 2020
This legal alert was posted on April 20, 2020 by Nicholas S. Hulse in Charlotte.
The Centers for Disease Controls and Prevention (CDC) just released guidance to assist employers in making decisions regarding reopening during the COVID-19 pandemic. Besides continuing to follow the recommendations issued by state and local health departments when determining the most appropriate actions to take, you should pay particular attention to these five steps.