Coronavirus Update 5-20-2020: Governor DeWine’s “Ohioans Protecting Ohioans” advisory is a colossal miscalculation

This past weekend offered a perfect coronavirus storm in Ohio. The weather on Saturday was postcard-perfect, and restaurant and bar patios were open for business. This combination caused scenes like this one on the banks of the Cuyahoga River:

Some serious social distancing goin on in the flats #secondwavecomin pic.twitter.com/JNsx7mVBQo

— Pete Marek (@PeteMarek) May 16, 2020

Governor Mike DeWine reacted swiftly to these reports by assembling "a large contingent of law enforcement and health officials from across state agencies and from our local communities" to spot-check and investigate restaurants and bars. He further made clear that restaurants that ignore his reopening requirements could face prosecution and lose their liquor license. 

Yesterday, however, Governor DeWine also stated that the State is now moving from requirements imposed on people to strong recommendations for people to follow.  

Coronavirus Update 5-19-2020: Lawsuit highlights risk of businesses not reopening safely and correctly

An employee has sued a Utah protein bar company after she contracted COVID-19. She claims that she became ill because her employer ignored her safety-related complaints and did not take sufficient steps after other co-workers first got coronavirus. You can read her lawsuit here.

Coronavirus Update 5-18-2020: House proposes significant expansions to FFCRA paid leave

Late Friday, the House of Representatives passed the Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act, H.R.6800. Among other things, it proposes significant clarifications and expansions to the Emergency Family And Medical Leave and Emergency Paid Sick Leave provisions of the Families First Coronavirus Response Act.

What are these proposed changes?

Coronavirus Update 5-15-2020: One that got away … and one that didn’t

There's no such thing as bad publicity. Or at least that's how the saying goes. 

Monday evening I received the following Twitter DM from TMZ Live: "Hey, have any interest in being on TV to comment on a story for TMZ Live via Skype?" Never one to turn down a chance to be a TV, I replied and started the ball rolling towards the segment I was to record via Skype on Wednesday. 

In hindsight, I should have asked for more specifics about the topic I'd be asked to discuss. I assumed that because I curate my online presence around being an employment lawyer (and lately a COVID-19 lawyer) they had reached out because they had a topic in their queue that touched on my professional background. 

I severely miscalculated.

Coronavirus Update 5-14-2020: Workers’ Comp waivers aren’t just a bad idea, they are also almost certainly illegal

Consider this headline from the Las Vegas Review-Journal: Restaurant, fearing coronavirus lawsuit, creates liability waiver. The article goes on to describe a Las Vegas restaurant, Nacho Daddy, which is requiring its employees to sign a waiver of liability before it will allow them to return to work. Says the company's co-owner and president, Paul Hymas, “If someone’s not comfortable with COVID being out there, then they probably shouldn’t be working."

I am not a Nevada lawyer. I know nothing about Nevada employment laws. But, if Nevada is anything like Ohio, workers' compensation is employee's exclusive remedy for any injuries an employee suffers related to work, and an employer would be immune from any other injury claims. 

Coronavirus Update 5-13-2020: Workplace virus screening tools aren’t perfect, but they are at least part of a solution

How do you protect your employees during a pandemic? This is the question this New York Times article asks. As states reopen and businesses recall employees from furlough or temporary work-from-home arrangements, employers are trying to figure out exactly how to best ensure (without guaranteeing) the health and safety of their employees.

Some options highlighted by the NYT piece? Apps that let employees log symptoms, daily health self-assessments, mandatory temperature checks, and immunity badges for those with COVID-19 antibodies. 

Coronavirus Update 5-12-2020: You have every right to be a 𝘤𝘰𝘷𝘪𝘥𝘪𝘰𝘵, and we have every right to fire you for it

"Covidiot: A person who acts like an irresponsible idiot during the Covid-19 pandemic, ignoring common sense, decency, science, and professional advice leading to the further spread of the virus and needless deaths of thousands."

A Dallas law firm has terminated the employment of a document services manager after it discovered his threatening, offensive, racist, and very public Facebook post taking issue with mandatory face masks.

"No more masks. Any business that tells me to put on a mask (Whole Foods on Lomo Alto) in Dallas will get told to kiss my Corona ass and will lose my business forever. It's time to stop this BULLSHIT. Do I have to show the lame security guard outside of a ghetto store my CV19 test results? I will show him my Glock 21 shooting range results. With Hornady hollow points. Pricey ammo, but worth it in this situation. They have reached the limit. I have more power than they do.....they just don't know it yet."