As restrictions start easing and businesses are re-opened, business owners will be facing a new “normal” in the workplace and employees will find changes, which if business owners are not careful, could lead to lawsuits.
HIRING BACK EMPLOYEES:
Employers who hire back employees or move them from working remotely back to the store or office must do so in a non-discriminatory manner.
However, initially bringing back only younger employees with the thought that those over 65 are more susceptible to the Coronavirus may seem like age discrimination. Contact Liat Cohen to guide you through this transitional period at 818.579.9996.
FLEXIBLE WORK SCHEDULES:
Along with potentially revamping the workplace for additional distancing between employees, plastic shielding, masks and gloves etc. an Employer should consider a flexible schedule for employees as a way to separate them more.
Maybe a start time of 7:00a.m. for some, noon for others, weekends instead of one day during the week are all options. For assistance with these considerations contact Liat Cohen to guide you at 818.579.9996.
Probably the most important consideration is to ensure the workplace is safe for employees and customers alike. CDC and OSHA guidelines as well as those articulated by the Department of Labor must be followed.
While under normal circumstances if an employee gets sick, even gets Covid-19 at work it would be considered a worker’s compensation issue; if the employee can show gross negligence on the part of the Business this can lead to serious lawsuits.
While the EEOC has permitted the taking of an employee’s temperature before a work shift, any information written down related to this process must be kept strictly confidential.
Furthermore, if the Employer wants to undertake additional testing as a precaution this could lead to a mine field if not properly handled by health care personnel, kept confidential and non-invasive.
As long as workplace safety is the top priority, business owners should be safe from unnecessary litigation. For assistance with workplace safety contact Liat Cohen to guide you at 818.579.9996.
I am always glad to consult with you when or before any legal problems arise.
Thank you to the many clients who have put their trust in The Law Offices of Liat Cohen to handle their legal matters. I look forward to our continuing relationship.
Please contact us for advice at 818.579.9996
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