COVID-19 or coronavirus has many companies\nentering uncharted territory. No one has experienced a pandemic of this nature\nduring their lifetime. Business owners are torn. They’re trying to keep to\nbusiness as usual for their customers, ensuring employees have a paycheck, and\nfollowing state and federal government cautions on shutting do for at least two\nweeks to stop the spread. Workplace discrimination laws don’t touch on\nemployment laws during a pandemic.<\/p>\n\n\n\n
It’s just as hard for the worker. You’ve never\nbeen in this situation. You don’t want to lose your income, but you can’t risk\nyour own and your loved ones’ safety. What are your rights when it comes to how\nyou’re treated during this pandemic? What are your employer’s responsibilities?\nCan you sue your employer for mistreatment related to COVID-19?<\/p>\n\n\n\n
H.R. 6201, Families First Coronavirus Response\nAct created a few rules that may help workers in specific situations. We’ll\ntake a closer look at what the laws say and where there is still some\nuncertainty that may not offer the protection you hope.<\/p>\n\n\n\n
Before you look into a discrimination\ncomplaint against your employer, some of the new rules from the Families First\nCoronavirus Response Act may help you if you’re laid-off or put on leave for a\nmonth or two.<\/p>\n\n\n\n
Pregnant women or new moms who meet the income\nrequirements and are laid off or lose jobs as employers go to skeleton crews or\nshut down have some protection from hardship. If you’re worried that the loss\nof income is going to cause your family to go hungry, there’s help available.\nTo help these moms, the government earmarked an extra $500 million for The\nSpecial Supplemental Nutrition Program for WIC to ensure these low-income women\nand their young children have access to food. Additional funding for SNAP\nbenefits is also going to help families.<\/p>\n\n\n\n
Emergency Paid Leave provides workers who must\ntake time off while they self-quarantine with two-thirds of their average\nmonthly pay (up to $4,000) per month. You have up to six months to file and\nbenefits can be paid retroactively. Applications are not filled out with your\nemployer or a Social Security Administration office. You must fill it out over\nthe phone, by mail, or online.<\/p>\n\n\n\n
Unemployment Insurance is available for those\nwho are laid off temporarily. States that see unemployment claims increase by\n10% get part of the $500 million government grant to help with the spike. Your\nemployer should not try to prevent you from filing for unemployment insurance\nif you are put on leave until the pandemic ends. You should file as quickly as\nyou can to get into the system and get some money coming in.<\/p>\n\n\n\n
If you’re diagnosed with coronavirus, the\nDepartment of Labor has $5 million available to provide workers with 14 days of\npaid sick leave. If you need to take time off because you’re positive for\ncoronavirus, take that time off. Your employer shouldn’t stop you. If they do,\ntalk to an attorney who specializes in employment law.<\/p>\n\n\n\n
You had vacation time scheduled or were\nplanning to take a cruise. Can your employer force you to cancel your plans? If\nyour boss revokes your personal time request and says you must come to work,\ncan you sue?<\/p>\n\n\n\n
First, you have to look at the U.S.\nrestrictions on travel. Right now, people are being asked not to travel. Some\ntravel is banned. You may not be able to take the trip you’d planned. The U.S.\nState Department has asked people to not travel to an international\ndestination. Many airlines are ceasing international travel for now. Cruises\nhave also suspended some operations.<\/p>\n\n\n\n
Second, vacation time isn’t something U.S.\nlabor laws protect. The only protection you may have will fall in your\nemployment contract or union contract. If your boss is telling you you cannot\ntravel to a specific area or you’ll lose your job, that’s not acceptable. It\ncan be a recommendation, but you cannot be forced to comply. If you do have to\ncancel a trip because your employer needs you to work, you can ask to have\ncancellation fees reimbursed if the airline, cruise, train, or hotel won’t\nreimburse them. Your employer may not agree, but it doesn’t hurt to ask.<\/p>\n\n\n\n
Your employer wants you to take a planned\nbusiness trip, but you don’t want to travel right now. You’re being forced to\ngo, and it makes you uncomfortable. You’re threatened with demotion or a\nlay-off if you do not travel. Is that legal? This is one area where laws are a\nlittle hazier. Your employer could say you’re refusing to complete a job duty.\nHowever, with current travel restrictions, that business trip could be in a\ncity or state where there is an order to shut down non-essential businesses.\nThat can protect you. An attorney who specializes in employment law can help\nyou file a complaint.<\/p>\n\n\n\n
You should talk to your employer about\nalternatives to the business trip. You could set up a virtual meeting instead.\nWith services like Google Hangouts or Skype, people could participate in a\nvirtual conference using computers and video cameras. You still see each other.\nYou still ask and answer questions. The difference is that you’re all safe in\nyour home offices and preventing the spread of COVID-19.<\/p>\n\n\n\n
If you’re not comfortable going to work, your\nboss can force you to if the work is in an essential industry providing you’ve\nbeen given the equipment and instruction to stay safe. For example, a\nmaintenance worker who has been trained and equipped with the proper apparel\nand gloves can still work safely. If you’re a bank teller who sees dozens of\ncustomers in face-to-face situations, you have a valid complaint.<\/p>\n\n\n\n
For companies that can have workers go home\nand work from home offices, your boss can ask all workers to work from home. If\nyou’re being singled out while other workers continue coming to the office,\nthat’s different and illegal. For example, an employer who demands all workers\n60 or older work from home but younger workers come to the office, that can be\nconstrued as age discrimination.<\/p>\n\n\n\n
You’ve tested positive for coronavirus. You\nshould be under a two-week quarantine now. You don’t want your boss telling all\nco-workers and feel it’s an attack on your rights that your boss is doing so.\nWhile there are HIPAA laws in place to protect your privacy, your co-workers\ndeserve to know they’ve been in contact with someone who is sick. Your boss\ncannot name you specifically, but it may be easy for them to figure out if\nyou’re the only one missing from the office.<\/p>\n\n\n\n
Some states are implementing rules requiring\nworkers to stay at home. California has one of the strictest remain-in-place\norders in the nation. Governor Newsom ordered Californians to stay at home and\nnot leave the house except for essential things like shopping for groceries and\nprescriptions, essential medical care, and commutes for jobs that are defined\nas essential.<\/p>\n\n\n\n
Essential jobs include daycare workers, gas\nstations, grocery stores, banks, contractors (electricians and plumbers),\nhealthcare, transportation, hardware stores, veterinarians, food banks,\nshelters, outdoor farmers markets, and social services. These businesses are\nrequired to make sure social distancing and facilities for frequent hand\nwashing are available. If your employer isn’t allowing you extra time to\nthoroughly wash your hands and allowing you to keep at least six feet between\nyou and clients or work associates, that could be a problem.<\/p>\n\n\n\n
If you’re in a non-essential business, such as\na museum or mall, you are not supposed to go to work. Your boss could be in\ntrouble for forcing you to work anyway. You may have heard of one video game\nretailer that told its workers they are\nessential and must report to work even though that contradicts the government\norder. The company has since changed it’s policy, which is good, but some companies\nmay still go against advice. If you’re experiencing something like this, you\nshould see an attorney.<\/p>\n\n\n\n
Shegerian Conniff specializes in employment\nlaws. If you have questions regarding discrimination or harassment related to\ncoronavirus, give us a call. Consultations are confidential and do not cost\nanything.<\/p>\n","protected":false},"excerpt":{"rendered":"
COVID-19 or coronavirus has many companies entering uncharted territory. No one has experienced a pandemic of this nature during their lifetime. Business owners are torn. They’re trying to keep to business as usual for their customers, ensuring employees have a … Continue reading