There are a lot of legal questions being raised by the novel coronavirus. Lawyers are in demand in these unprecedented times. Currently, the most common concern for businesses everywhere is liability for exposing employees to Covid-19 and the legal obligations of employers generally. These questions are by no means resolved, but some clarity is emerging.
Below are some of the relevant considerations and federal laws at issue.
The Centers for Disease Control and Prevention has issued guidance for employers. All businesses should at least follow this guidance, even if implementing other changes. Recommendations include cleaning and sanitizing the workplace, encouraging workers to stay home when sick, and creating an infectious disease response plan.
On March 19, the EEOC updated its pandemic guidance to note that the “ADA and the Rehabilitation Act do not interfere with employers following advice from the CDC and other public health authorities on appropriate steps to take relating to the workplace." Protecting employees from exposure to Covid-19, in other words, must be the primary concern of employers everywhere.
OSHA has also released guidance for compliance departments and professionals. While there is no current standard specifically for Covid-19, the general duty clause provides that employees must be able to work “free from recognized hazards that are causing or are likely to cause death or serious physical harm." This would reasonably include the novel coronavirus.
Some states, like California, have additional protections. The Cal/OSHA Aerosol Transmissible Disease Standards includes the coronavirus family. It is only mandatory for some healthcare employers, but employers can use those standards to ensure they are doing everything possible to mitigate employee risk.
While it is important to limit exposure to your workforce, employees who have coronavirus should not be named. However, employees can be notified if they may have been exposed and some relevant non-identifying information provided to help people understand who is at risk.
Currently, the CDC does not recommend taking the temperature of employees. Also, of course, any and all actions taken by the employer should avoid targeting a protected class, including national origin. All actions should also comply with HIPAA privacy protections. However, the Department of Health and Human Services has issued guidance relating to the coronavirus that does allow for some exceptions.
COVID-19 testing kits are in short supply all throughout the U.S., making it very difficult to test people without a referral by a medical professional. Moreover, employers cannot require employees to undergo testing or even let them know the employee’s results if they do test for COVID-19.
While employers cannot ask for details about an employee’s health-related issues, it is within the law to ask for a doctor’s note confirming that an employee is medically eligible for leave benefits, or safe to emerge from quarantine after being ill.
Yes, an employer can require employees to work from home to limit exposure to COVID-19. However, all employees must be treated the same without discrimination on the basis of an employee’s age, race, or gender.
If your place of business is still open and you wish to limit contractors, vendors, or visitors at the facilities, you may do so but it should be done with a uniform policy that treats everyone equally across all demographics. The policy should be posted publicly on the property for all guests to see.
Separate from worker's compensation and OSHA compliance, however, are a host of related liability concerns. Potential federal laws to be aware of include:
Employers will continue to have to monitor the latest developments. Between mandatory paid time off, liability concerns, and other rapidly developing legal issues, businesses will have to tread carefully to avoid legal risk.
Insurance
If I was in an accident and the person who was at fault did not have enough UM coverage to cover my bills, can I collect against the UM on my own automobile policies? I have two auto policies each with 75,000 UM/UIM and two vehicles listed on each policy. The accident was on a motorcycle that is NOT covered on either of these policies. The lady who hit me had 25,0000 UM and so did I on my motorcycle policy. I'm told that's the most I can recover. However, I heard I might be able to put a claim against my own auto policies for the difference in coverage amounts. Is that true and if so, could I put a claim against both policies? And against all the vehicles or just against the entire policy(s)? My medical bills alone so far are over $250,000, I'm wheel chair bound and still not able to work so I have no salary coming in and I'm at a loss on how I'm going to be able to pay all my bills.
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Citizenship Application question
1. My parents are over 55 years of ageand have lived here for 19 years. So they don't have to take the English test but they have to take a Civics test correct? What is a Civics test? What kind of questions can they expect?
2. In the CitizenShip_N-400 application, Part 6 A and Part B asks you for Information about your residence and employment. When you write the dates, is it alright to say from 01/2008 - 06/2008? Or do you have to provide exact dates like 01/01/2008 - 06/01/2008?
denial for claims
im a gulf war i have been denied compensation for irritble bowel syndrome, chronic fatigue, skin cancer, colon resection persistent and severe diarrhea, genitourinary dysfunctions, urgency to urinate and ed received 20% for fibromyalgia but va states other conditions were pre-existing i dont believe this is right under presumptive titleis fibromyalgia,chronic fatigue linked
Car Wrongfully Towed
My car was towed out of my complex. The said they had it towed due to management request. When I contacted management they said that because it had a flat tire which it only in the past two days went flat that it was considered an inoperable car. I looked up what the definition of inoperable was and it said inoperable means unable to perform its normal function. Having a flat tire does not render a car inoperable. So now I have to pay for the towing and I was wondering what I can do about this. Is it worth bringing to small claims court?
private nuisance-neighbor bringing down property values
My neighbor has let his house deteriorate to the point that my house won't sell. The realtors have asked if the house is abandoned or in foreclosure. The township will not help although we've made numerous complaints. Can I file a complaint against my neighbor claiming personal nuisance?