Courts See Increase in Covid-19 Lawsuits Nationwide

Right now, the nation is struggling with the rippling effects of the Covid-19 pandemic, including devastating impacts on many California businesses. As California employers struggle to maintain and reopen their businesses, they face another issue: Covid-19 lawsuits.

The Number of Covid-19 Lawsuits is Increasing:

Over 2,000 lawsuits relating to Covid-19 were filed in Federal and State courts as of the beginning of summer 2020. Some claims are exposure related; others focus on employee claims relating to workplace health and safety, discrimination violations, or wrongful termination.  As of the middle of June 2020, over 230 lawsuits citing employment law violations were filed in connection to Covid-19; including 30 class-action lawsuits). Interestingly enough, California is leading the nation in the number of Covid-19 employment law cases with 32 lawsuits already filed with the courts.

Three of the Most Common Workplace Liability Covid-19 Claims:

Many California employers are facing allegations of workplace liability due to the rapid pace at which the government (at federal, state, and local levels) enact laws to respond to the ever-changing Covid-19 pandemic and how it is addressed in public spaces and the workplace.

Common Workplace Liability Covid-19 Claim: Paid Leave Claims

Paid Leave Claims: New laws, ordinances, or regulations were adopted by the federal government (Families First Coronavirus Response Act (FFCRA)), and state/local governments connected to employee paid leave during the Covid-19 pandemic. Many Covid-19 employment law claims allege that employees were denied leave or that employees saw workplace retaliation due to seeking leave.

Common Workplace Liability Covid-19 Claim: Discrimination Claims

Since the number of discrimination claims tend to increase alongside unemployment rates, it’s fair to assume the unprecedented levels of Covid-19 related unemployment will coincide with unprecedented numbers of workplace discrimination claims. The Americans with Disabilities Act regulates what medical information employers can seek from their workers, and requires that employers provide reasonable accommodation for employees with disabilities. The Americans with Disabilities Act seems to be a likely source for a significant number of Covid-19 discrimination claims. Other laws that prohibit discrimination based on pregnancy, age, gender, etc. may also see an increase in discrimination claims, particularly as businesses begin to urge workers to return to the workplace. Some employers who prevent or discourage older workers/pregnant workers from returning to the workplace may find themselves facing legal consequences even if they intended to protect their workers from exposure. (The U.S. Equal Employment Opportunity Commission prohibits employers from preventing older workers or pregnant workers from returning to work if they wish to do so).

Common Workplace Liability Covid-19 Claim: RIFS & Downsizing Claims

When businesses are forced to downsize their workforce due to Covid-19, they should be cautious and consider the federal Worker Adjustment and Retraining Notification (WARN) Act. Under WARN, employers must provide workers with 60 days’ notice before they are laid off for an extended period or before the business is closed (certain exceptions are provided, but the applicability of any exceptions in relation to Covid-19 business layoffs and closures is still unclear). Additionally, WARN’s “lookback” provisions may require a notice even if an employer is not letting all their employees go at the same time. Businesses reopening with uncertainty regarding the coming months should carefully consider the WARN Act obligations as well as applicable state laws.

If you need to discuss other employment law violations related to the Covid-19 pandemic or if you need to file an employment law Covid-19 lawsuit, please 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.