Coronavirus Update 9-15-2020: Is your business ready for the coming “tidal wave” of COVID-19 employee lawsuits?

• A Texas man sues, claiming he wasn't allowed to keep teleworking after the office reopened
• A Kentucky worker sues after being fired for complaining about a lack of face masks at work
• An older New York employee sues, claiming he was laid off because he was in a "vulnerable" COVID age group

These are but a few of the dozens (and exponentially growing) lawsuits that employees have filed all over the country over COVID-related concerns.

Coronavirus Update 9-14-2020: DOL issues revised FFCRA regulations; what’s changed and what hasn’t?

In early August, a New York federal district court judge issued an order invaliding several key provisions in the DOL's FFCRA regulations. Last Friday evening, the DOL responded with revised regulations that left most of its prior regulations intact, while also make a few common-sense amendments. 

Here's what the DOL did, and did not, change in response to the court's order, and why.

Coronavirus Update 9-11-2020: The anatomy of a losing legal argument

Deborah Kofler worked for Sayde Steeves Cleaning Service as a residential and commercial cleaner. Beginning on April 1, Kofler requested paid leave under the Families First Coronavirus Response Act to care for her two minor children who were at home beacause of COVID-19 related school closures. One week late Sayde terminated her employment.

Kofler sued for retaliation under the Fair Labor Standards Act.

In responding to Kofler's lawsuit, Sayde sought dismissal, arguing that Kofler is alleging retaliation under the FFCRA and did not plausibly allege that she engaged in protected activity under the FLSA.

Coronavirus Update 9-10-2020: The coming wave of Covid-related age discrimination lawsuits

The EEOC has sued Ohio State University for age discrimination, alleging that the school discriminated against a 53-year-old human resources generalist because of his age by assigning a substantial substantial portion of his duties to a short-tenured co-worker 25 years his junior. 

"If a termination is age-discriminatory, dis­guising it behind a supposed reduction in force will not change that," says EEOC Regional Attorney Debra Lawrence in discussing the filing of the lawsuit.

What does this lawsuit, which challenges a termination that occurred all the way back in March 2018, have to do with the COVID-19 pandemic? 

Coronavirus Update 9-9-2020: The 8th nominee for the “worst employer of 2020” is … 🎶 it’s corona after all 🎶

It's a world of sickness
A world of tears
It's a world of death
And a world of fears
There's so much that we share
That it's time we're aware
It's corona after all

Disneyland is "The Happiest Place on Earth" … unless you're among the group of employees claiming that it forced them to work while they were sick with COVID-19.

Diversity training is the opposite of “anti-American"

Late last week, Russell Vought, the Director of the Office of Management and Budget, issued a memo directing that from this point forward, the federal government will spend zero federal dollars for diversity training for its employees. Why? Because President Trump has concluded that diversity training is "divisive, anti-American propaganda."

Coronavirus Update 9-4-2020: “Normal"

Last Saturday, for one glorious evening, I felt "normal." I dined out at a restaurant for the first time in nearly six months.

Colleen and I celebrated our 17th anniversary. Plan A was to import Maine lobsters, smoke them on my grill, and enjoy them with a great bottle of Italian wine I had picked up our our favorite wine shop. That plan fell apart, however, when I learned that FedEx won't guarantee Saturday delivery to my home. 

So we moved to Plan B. We cautiously and nervously decided to brave a restaurant for an outdoor meal.