COVID-19: FAQs on Federal Labor and Employment Laws

The recent spread of the novel coronavirus (COVID-19) in the United States has caused employers to be increasingly concerned and uncertain regarding the future of their workforces. Here are some answers to frequently asked questions (FAQs) about the latest developments on the virus and guidance from federal agencies.

OSHA Issues New Enforcement Guidance to Address the N95 Shortage During the Coronavirus Pandemic

Following up on its recent temporary enforcement guidance permitting suspension of N95 annual fit-testing for healthcare employers, on April 3, 2020, the Occupational Safety and Health Administration (OSHA) issued an interim Enforcement Guidance for Respiratory Protection and the N95 Shortage Due to the Coronavirus Disease 2019 (COVID-19) Pandemic.

The EEOC’s Webinar on the COVID-19 Pandemic and Antidiscrimination Laws—an Overview

On March 27, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) conducted a webinar to address emerging questions regarding the COVID-19 pandemic and the EEOC’s previously updated pandemic guidance. The EEOC has not yet published revised guidance or a questions-and-answers document, but it offered listeners useful information during its webinar. Ogletree Deakins’ attorneys who were in attendance on the webinar prepared the following takeaways based on notes from the presentation to help employers in this evolving area.

COVID-19: FAQs on Federal Labor and Employment Laws

The recent spread of the novel coronavirus (COVID-19) in the United States has caused employers to be increasingly concerned and uncertain regarding the future of their workforces. Here are some answers to frequently asked questions (FAQs) about the latest developments on the virus and guidance from federal agencies.

The Latest COVID-19 Conundrum: Can Employers Institute Temperature Checks at Workplaces?

Employers across the globe, faced with the need to reduce the risk of workplace transmission of COVID-19, may be contemplating imposing standard temperature screenings on their employees. In many jurisdictions, an employer may need or want to consult with employee representatives (such as Works Councils in Europe or unions where applicable) or limit temperature checks to only those employees who consent. Even if temperature checks comply with local and national laws, instituting such measures may still present risks for employers, such as claims that the employer screened employees in a discriminatory fashion and mishandled the data from a privacy perspective. Temperature screenings may also pose employee and public relations considerations.

DOL Issues COVID-19 Guidance Covering FLSA Obligations When Dealing With Coronavirus and Other Emergencies

On March 9, 2020, the U.S. Department of Labor’s (DOL) Wage and Hour Division posted a helpful guidance for employers addressing some of the issues they are likely contemplating with respect to employee wages in different COVID-19 scenarios. “COVID-19 or Other Public Health Emergencies and the Fair Labor Standards Act Questions and Answers” offers answers to a number of questions related to emergencies generally under the federal wage and hour laws. Here is what you need to know.

CDC Issues Coronavirus Guidance

On February 7, 2020, the Centers for Disease Control and Prevention (CDC) issued its Interim Guidance for Businesses and Employers to Plan and Respond to 2019 Novel Coronavirus (2019-nCoV), February 2020. The interim guidance contains numerous recommendations employers may wish to consider as questions relating to the coronavirus 2019-nCoV arise.

Coronavirus Update for U.S. Employers

Recent fast-paced developments, increasing employee apprehensions, and uncertainty regarding the Novel Coronavirus 2019-nCoV have left employers and employees with some concerns. We recently discussed the emergence of the coronavirus, which is believed to have originated in Wuhan, China, and the first confirmed cases in the United States, which were deemed to be travel related and acquired by individuals traveling from China.

CDC Confirms First Case of Wuhan Coronavirus in the United States: What Employers Need to Know

Employers with employees traveling to and from China may want to take note that the U.S. Centers for Disease Control and Prevention (CDC) announced on January 21, 2020, that the United States had confirmed its first case of a new strain of the coronavirus that appeared in Wuhan, China, last month. The virus has already sickened hundreds of people and is reported to have killed six, according to Chinese authorities.

Zika and the Hospitality Employer: Evolving Concerns as the Virus Comes to the U.S.

We’ve previously answered some basic questions that employers may have when their employees work in or visit locations where exposure to Zika virus is a risk. With recent news concerning the first cases of transmission of the virus by mosquitoes in the Miami, Florida area, hospitality employers are becoming increasingly concerned about how the virus will affect their businesses.

Do Discharges Resulting From a Career Planning Program Amount to Group Termination Under the OWBPA?

Judge Charles R. Breyer of the U.S. District Court for the Northern District of California granted summary judgment to an employer on the age claims brought by several former employees who had signed waivers of their age discrimination claims when they were discharged. The issue before the court was whether the waivers complied with the Older Workers Benefit Protection Act of 1990 (OWBPA).

Ebola in Retail Establishments? How to Prepare

News sources recently reported that one of the Dallas nurses infected with the Ebola virus visited a retail establishment before boarding a plane from Cleveland to Dallas. Since then, retailers and customers have been concerned about Ebola in the retail environment. In addition to issues concerning customers’ fears of contraction, Ebola…..