The employment and business decisions made by employers under the specter of the unprecedented COVID-19 pandemic are now being tested by plaintiffs’ lawyers. Employers of all sizes should expect a flood of employment litigation alongside ever-changing conditions, constantly updated guidance and, at times, conflicting state and local guidance. Litigation avoidance will require a team effort and proactive communication – both internally and externally. This article outlines the types of claim that are emerging and are expected to increase as a result of COVID-19.
How to Build COVID-19 Employment Litigation Defenses Now
Posted In Employment, Privacy and Data Security
Tags: Americans with Disabilities Act (ADA), Centers for Disease Control and Prevention (CDC), COVID-19, Equal Employment Opportunity Commission (EEOC), Fair Labor Standards Act (FLSA), Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA), Occupational Safety and Health Administration (OSHA), personal protective equipment (PPE), workers’ compensation

Rachel B. Cowen focuses her practice in various employment discrimination and wrongful termination cases in federal and state courts. Rachel’s experience includes prosecuting and defending employee mobility and trade secret litigation on an emergency injunctive basis. She also counsels employers facing union organizing activity and picketing, and has successfully tried numerous cases before the National Labor Relations Board. She also handles collective bargaining and labor arbitrations. Additionally, Rachel represents financial services companies and professional engineering firms in unfair competition cases. Read Rachel Cowen's full bio.

Brian Mead focuses his practice on various labor and employment issues. He defends employers, before state and federal courts and administrative agencies, in individual and class action litigation under the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act, the Fair Credit Reporting Act, the Fair Labor Standards Act and other employment laws, including discrimination, wrongful termination, retaliation, and breach of contract claims. Additionally, Brian has experience in prosecuting and defending employee mobility and trade secret litigation cases on an emergency injunctive basis. Brian is skilled in researching multi-jurisdictional employment issues and preparing memoranda explaining the nuances of these issues and providing a recommended course of action. Read Brian Mead's full bio.

Richard I. Scharlat has more than 20 years’ experience in employment litigation defending management across a broad range of industries, and in ERISA matters and class actions. Read Richard Scharlat's full bio.
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