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What to Do When Scared Workers Do Not Respond to Work Due to COVID-19

Some essential workers are refusing to go to work out of fear of contracting COVID-19. Their employers must weigh the employees’ legal rights and understandable health concerns with the organizations’ business needs. It can be a tough balancing act. In a recent article, McDermott Partner Pankit Doshi said employers may relax documentation requirements due to the difficulty some employees could have obtaining access to medical providers during the pandemic and to encourage ill employees to stay away from work. Access the article.

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Can Companies Be Held Liable When Their Employees Fall Ill with Coronavirus?

While the Occupational Safety and Health Administration (OSHA) has not released specific standards covering COVID-19, Michelle Strowhiro, a partner in the Los Angeles office of McDermott Will & Emery, is quoted in a recent ABA Journal article saying that employers could face risks under Occupational Safety and Health Act’s general duty clause if they don’t take steps to protect their workplace and ensure it is not exposed to individuals who may have contracted the virus. Access the full article.

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Recently Updated | COVID-19 FAQs for US Employers

How should US employers approach the Coronavirus? With rapid developments in local, state and federal guidance and law, the appropriate approach for each employer will vary depending on the nature of the work, industries served, location(s), size, amongst other considerations. We recently updated these FAQs to provide you with the latest developments and best practices for your business. Access the FAQ here.

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H.R. 6201: Families First Coronavirus Response Act

The Families First Coronavirus Response Act (Families First) is now law and becomes effective April 2, 2020. For employers with less than 500 employees, and in certain situations for employees affected by coronavirus, Families First requires that employers provide two weeks of paid sick leave in certain situations and provide subsidized leave under the Family and Medical Leave Act. Tax credits will help to subsidize these requirements for affected employers. An outline of the legislation is provided. Access the full article.

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Families First Coronavirus Response Act Mandates Employer-Provided Coverage for COVID-19 Testing

As part of the Families First Coronavirus Response Act (the “Act”), Congress eliminated patient cost-sharing for Coronavirus (COVID-19) diagnostic testing and testing-related services provided under any employer-sponsored group health plan. This impacts all employer plans, insured and self-funded, of all sizes. The provisions are effective as of March 18 and will continue on a temporary basis for at least 90 days unless extended by the Department Health and Human Services (HHS). Access the full article.

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Coronavirus National Emergency Declaration Permits Employers to Offer Tax-Favored Financial Assistance to Employees

On March 13, 2020, President Trump declared a national emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the “Declaration”) due to extraordinary circumstances resulting from Coronavirus. This Declaration opens up new methods for employers to provide tax-favored financial assistance to employees who are affected, directly or indirectly, by the virus. Access the full article.

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Coronavirus Resource Center | Preparedness Planning for Businesses

In our global economy, Coronavirus (COVID-19) raises serious concerns for employers in all industries. Workers may be on the front lines caring for patients and developing vaccines, travelling for business, or in close contact with individuals who travel or may have been affected. At this time, there is no vaccine or medication approved to prevent or treat the COVID-19 disease. Therefore, preparedness and prevention are crucial. Frontline responders must be especially vigilant as they deliver care and anticipate the challenges this uncharted territory presents. McDermott’s Coronavirus Resource Center, brought to you by a multi-disciplinary team, will keep you informed of the latest developments and provide comprehensive insight to help you navigate this crisis with your employees, including: Frequently asked questions for US and multi-national employers Recent news updates Podcasts Upcoming events Access the resource center.

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HAVE EMPLOYEES IN NEW YORK CITY? Earned Sick Time Act Requires Notice by TODAY, May 1

New York City’s Earned Sick Time Act (Act) requires all Covered Employers to provide all Covered Employees with written notice of the new law by today, May 1, 2014. Covered Employers means all private employers other than government agencies, federal work study programs and some scholarship programs, as explained in the Department of Consumer Affair’s (DCA) published FAQs with five or more Covered Employees. Covered Employees means all employees who work in New York City more than 80 hours in a calendar year, except for certain licensed individuals listed in the FAQs. Employers must provide the notice to employees in English and in the employee’s primary language if that language is listed on the DCA’s website, which currently includes Spanish, Arabic, Chinese, French-Creole (Haitian Creole), Italian, Korean or Russian.  The Act requires that employers actually give the notice to employees (simply posting the notice is not sufficient) and requires employers...

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