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Labor Law Claims To Avoid Post-COVID

    • COVID-19 brings about a unique set of labor and employment concerns
    • Many labor laws vary by state, though some are national
    • Employers should stay up to date with all legal limitations to avoid labor claims

The post-COVID resurgence of workers returning to jobs old and new brings about interesting legal situations for reopening businesses to consider. Accountants and their clients should be aware of all possible claims that can be filed against their businesses in response to Covid-19 measures and procedures.

Managing Wages and Hours Worked

Employees working from home (WFH) present a unique timing and wage control predicament. Where some WFH employees work intermittent hours throughout the day, it is important for employers to implement ways of properly and accurately managing hours and overtime to comply with both federal and state wage and hour laws.

Understanding Discrimination

The global pandemic has affected us all in unique ways; as such, employers need to be sympathetic and accommodating to their workers’ needs. This means providing services for those with disabilities to be able to perform their job at home if necessary. Additionally, many workers with children at home due to school closings may need flexibility with hours or the continued ability to WFH, etc.

Additionally, as companies find it necessary to let go of workers to maintain their businesses during the pandemic, they should be mindful of what roles and which employees are being let go; employers should ensure that layoffs do not disproportionately affect members of minority groups.

Warning with the WARN Act

The WARN Act states that companies are required to provide employees a 60-day notice before mass layoffs. Of course, the sudden nature of COVID-19 made this impossible for many companies that quickly fell under as the pandemic progressed. Such organizations should be conscious of layoffs, especially considering those who were furloughed with the expectation of being reinstated after the company regrouped.

Keeping it Safe at the Workplace

As businesses begin to reopen, the possibility of exposure to COVID-19 increases exponentially. To avoid any allegations of workplace unsafety, make sure your business is following proper national and state protocol.

Holding Privacy as a Priority

Employers are obligated by HIPAA to protect employee privacy. If an employee tests positive for COVID-19, it is the employer’s responsibility to keep the other staff informed and safe while also protecting the identity of the individual.

Have more questions? Don’t hesitate to call our offices at (516) 541-6549 to speak to our Coronavirus Response Team or check out our DSJ COVID-19 Information Center to stay current.

Sincerely,

Devin McQuillan
Associate, Creative Solutions

Contact:
516-541-6549 | Email

 
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