Covid-19 Pandemic Violations Posted a Significant Challenge for California Employers in 2020
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Many agree that the pandemic and related issues were the most significant challenge California employers faced in 2020. As we approach the end of the first quarter of 2021, Covid-19 related litigation continues to evolve along with California workplace standards. While hundreds of Covid-19 related employment complaints were filed in 2020, only a small percentage were collective actions or class actions, but this could change in 2021.
Covid-19 Pandemic Could Cause Increase in Wage and Hour Collective Actions in 2021:
Many expect a significant increase in the number of wage and hour collective and class actions in 2021 as the nation adjusts to the pandemic's fallout and the lingering effects on the public and the economy. One of the main factors for the change is the drastic increase in telecommuting during 2020. By the end of 2020, there were twice as many employees telecommuting as employees working on site. While restrictions may lessen, this scenario is not expected to revert to "normal," at least not immediately. An increase in telecommuting workers naturally leads to an increase in "off-the-clock" claims by nonexempt employees and class action wage and hour lawsuits claiming unpaid business expenses due to home office costs.
At-Risk Areas for California Employers:
Many California employers are at risk of employment law violations due to timekeeping practices and policies that are not appropriate for a virtual workplace. Many California employers who abruptly transferred in-office employees to telecommuting status during the pandemic never addressed issues of non-compliance related to employee hour tracking, rules and policies regarding off-the-clock work, and compliant practices for business expense reimbursement. Without adjusting these practices and policies, California employers will have difficulty not violating employment law.
California Employers at Risk for Wage and Hour Class Actions:
In addition to concerns regarding updated policies and procedures to address a telecommuting workforce, specific industries and types of employers find themselves more at risk for wage and hour class actions filed by on-site employees. Many on-site, essential workers subject to waiting in line for new, mandatory temperature scans may have legitimate overtime or off-the-clock claims. On-site, exempt management employees are stepping in to perform an unusual amount of nonexempt work to decrease payroll costs and cover for employees out due to sickness, etc., due to the pandemic. Many may claim the situation makes them nonexempt employees.
2021 will see the number of other pandemic-related class action lawsuits increase, as well: discrimination cases connected to which employees are selected to return after extended furloughs, claims in connection with employers requiring COVID-19 vaccinations, etc.
If you have questions about California labor law violations or how employment law protects you against labor law violations, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.
