Common Employment Law Allegations in the Wake of COVID-19 Changes in the Workplace

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The response to the spread of Covid-19 through the United States resulted in a major upheaval in the average workplace. American employers suddenly found themselves creating new policies and implementing new procedures to address the various issues that were suddenly “typical.”

Workplace Issues that Suddenly Became the Norm Due to Covid-19 and Workplace Changes:

  • Remote Work/Telecommuting

  • Layoffs

  • Furloughs

  • Pay Cuts

  • Altered Workplace Conditions

Covid-19 Leaves California Employers at a Higher Risk of Exposure to Employment-Related Claims:

Due to the speed with which employers had to respond to the changing conditions, mandates, and safety issues related to Covid-19, California employers find themselves subject to a higher risk of exposure to employment-related claims such as: wrongful termination, workplace retaliation, discrimination, etc.

Common Employment Law Claims Related to Covid-19 Changes to the Workplace: Workplace Health & Safety

Covid-19 related employment law claims related to workplace health and safety typically claim that due to an unsafe workplace or work environment:  

  • An employee was exposed to the virus which caused sickness or death

  • An employer did not take appropriate measures to reduce exposure to the virus

  • An employer failed to take necessary precautions to minimize the spread of the virus in the workplace

Some Appropriate Measures Employers are Expected to Make in California Workplaces:

In response to the Covid-19 pandemic, California employers were expected to make a number of different changes in the workplace to protect their employees, customers, etc. Some appropriate measures that employers should take include providing hand washing stations, masks or other protective gear in the workplace, making hand sanitizer available in the workplace, etc. In addition to providing the necessary “supplies,” employers are also expected to provide the ability for employees to be safe on the job by complying with social distancing recommendations.

Common Employment Law Claims Related to Covid-19 Changes to the Workplace: Leave Claims

Covid-19 inspired the Families First Coronavirus Response Act (FFCRA), including the Emergency Family and Medical Leave Expansion Act and the Emergency Paid Sick Leave Act. Under FFCRA employers with 500 or fewer employees are required to provide employees expanded paid family and medical leave, as well as emergency paid sick leave. The Act incorporates the Family and Medical Leave Act (FMLA) and Fair Labor Standards Act (FLSA) provisions. Employers who fail to comply with the provisions providing leave to employees are liable to remedy provisions.

Common Employment Law Claims Related to Covid-19 Changes to the Workplace: Wage and Hour Claims

Many employees are suddenly required to work from home and some employers are restructuring their workforce, making pay/salary adjustments, etc. This reshuffling is necessary to keep some companies running, but employers are inadvertently (or blatantly) making changes in violation of laws related to salary and hour reductions, employee classification, etc.

Common Employment Law Claims Related to Covid-19 Changes to the Workplace: Discrimination & Disability Claims

In the wake of Covid-19 related layoffs and furloughs, many employees are filing employment law related claims challenging the “reason” their employer provided for their termination or other adverse employment action. Since numerous federal and state laws protect employees from discrimination in the workplace based on protected class characteristics, employers who do not remain objective when deciding which workers to lay off or furlough may be in violation of labor law. Other Covid-19 related claims come from employees who are denied accommodations for a disability related to Covid-19 - the most common being denial of an employee’s request to work from home.

Common Employment Law Claims Related to Covid-19 Changes to the Workplace: Retaliation Claims

State and federal laws contain provisions that protect employees from retaliation in the workplace. Some employees are filing claims alleging workplace retaliation after objecting to unsafe working conditions in the wake of Covid-19. For example, being demoted or laid off after complaining about exposure to individuals exhibiting symptoms in the workplace.  

Common Employment Law Claims Related to Covid-19 Changes to the Workplace: Wrongful Termination Claims

As the response to the pandemic leaves many businesses searching for ways to minimize expenses, employee furloughs and layoffs increase. With this increase, it’s not surprising that the number of wrongful termination claims is also on the rise. Employees citing wrongful termination in the wake of Covid-19 do so for a number of reasons including: termination after filing a complaint for lack of appropriate PPE, termination after complaining about exposure to co-workers showing Covid-19 symptoms, etc.

These are just a handful of the common Covid 19 related employment law claims. If you need to file a California Covid-19 related employment law claim, get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.