CPA_Practice_Advisor_July_2020 - 13

THE LABOR LAW ADVISOR

The Post-Pandemic Workplace
RICHARD D. ALANIZ

Senior Partner
Alaniz Schraeder Linker Faris Mayes, L.L.P.
ralaniz@alaniz-schraeder.com

Despite recent comments by
some in Washington that it will
not be extended, the staggering
numbers of unemployed, many
of whom worked at jobs that have
been eliminated due to business
closures, will require a continuation of enhanced benefits in addition to the increase from 26 weeks
to 39 weeks of eligibility which was
also provided.
There has been some speculation that if the federal add-on is
continued, it could be reduced to
some lesser amount. The figure
of $450 per week, has been mentioned. This could exacerbate the
refusals to return to those jobs
that are available. For some, the
short-term additional benefits
outweigh returning to a job they
fear may be lost in the near future
anyway. Even if they are able to
reopen, employers are immediately
confronted with the reality of the
need to implement and consistently
enforce , for at least some period
into the future, the safety protocols
against Coronavirus recommended
by the CDC, OSHA, and the various state and local public health
agencies.
These well-known protocols
include, among other things the
social distancing that has become
commonplace, hand-washing
stations, the use of face masks in
some cases, regular monitoring of
employees for COVID-19, and also

THE REOPENING OF America's workplaces is creating a variety of challenges for employees and employers alike. In some cases, employers attempting to resume operations are
hampered, and in some instances unable to do so due to laid off employees' reluctance
or refusal to return to work. Many are receiving more in unemployment benefits as the
result of the $600 per week federal enhancement than they would make working. That
additional amount is scheduled to end on July 31.
where feasible, the reconfiguration of work stations to protect
employees from possible exposure
to the virus. Some employers are
also requiring employee testing
for COVID-19 before permitting
employees to enter the workplace.

COVID-19 LAWSUITS
In addition to the need to take
reasonable measures to ensure
their employees' safety and health,
employers are also seeking to avoid
possible federal or state agency
enforcement actions as well as the
potential liability, from lawsuits to
which others have been subjected.
OSHA has received over 5000
complaints related to worker safety
involving possible Coronavirus
exposure.
More than 2000 lawsuits raising claims regarding Coronavirus
have also been filed in courts
across the country. Some of these
lawsuits accuse employers of not
providing adequate personal protective equipment (PPE) to their
employees. Others involve claims
that the employer has endangered
employees by permitting persons
into the workplace without testing
for COVID-19. Some allege that the
employer has neglected to inform
them of possible exposure from an
employee who has tested positive.
Many involve claims of employer
failure to adequately enforce
social distancing or related safety

protocols. In those workplaces
where jobs have been permanently
eliminated, the potential for claims
of discrimination based upon a
legally protected status such as
gender, race, age, or disability could
also be filed.
Employees who have lost their
jobs after months unemployed
may see little downside in filing
such claims. As more workplaces
reopen, most experts are predicting
an increase in all of these types of
lawsuits against employers.

WORKER'S COMPENSATION LAWSUITS
Another issue that is already
confronting many employers is the
increase of Worker's Compensation
claims related to Coronavirus. As

JULY 2020 ■

all employers are aware, it generally covers any injury or illness
"arising out of and occurring in
the course of their employment."
The complicating factor in COVID19-related claims is that Workers
Compensation does not apply to the
"ordinary diseases of life."
Proving that the disease was
contracted in the workplace may
be difficult. The well-known community spread of COVID-19 may
cause state Workers Compensation
commissions to find that the illness
is not work-related. Employers and
their insurers have a viable argument for arguing against such
claims.
Continued online at
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