The Covid-driven legislation has created another layer of regulation of the labor management process, especially the Families First Coronavirus Response Act (FFCRA). A federal court recently struck down portions of the FFCRA regulations related to the two types of leave allowed for in the act. Now that schools are “resuming” across the country, school and childcare issues are further complicating an employees eligibility for leave under the FFCRA.
Lawsuits aimed at employers are arising from pandemic-related issues. Among the key areas for exposure are:
- Failure to safeguard the workplace
- Failure to properly pay employees
- Failure to accommodate high-risk workers
- Failure to comply with the Families First Coronavirus Response Act (FFCRA)
- Failure to properly conduct layoffs/reinstatements
Another looming issue is whether or not asking employees to sign waivers against suing the companies for Covid-19 related illnesses is legitimate. Many lawyers claim such waivers will be unenforceable, and California last year passed a law prohibiting employers from requiring employees or job applicants to sign away their right to pursue legal claims or benefits under state law. Several employees have been fired for refusing to sign “Covid” waivers.
