Monday, May 18, 2020

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?

Friday, May 15, 2020

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.

Thursday, May 14, 2020

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. 

Wednesday, May 13, 2020

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. 

Tuesday, May 12, 2020

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."

Monday, May 11, 2020

Coronavirus Update 5-11-2020: The 6th(!) set of FAQs from the DOL on the FFCRA


Consider the following scenario.

An employee has been working from home productively and without issue since the state Shelter in Place order took effect. Now, however, he is requesting paid sick leave and expanded FMLA under the FFCRA to care for his children because their school is closed because of COVID-19. You want to: (a) ask the employee why he is unable to continue working from home or if he has pursued alternative child care arrangements; and (b) deny the leave request without a reasonable explanation.

If you carry through with your plan, will you violate the FFCRA?

According to the most recent FAQs published by the Department of Labor, the answer is yes.

Friday, May 8, 2020

Coronavirus Update 5-8-2020: Can you legally refuse to return to work to someone at “high risk” for COVID-19 complications?


As you start recalling employees to your physical workplace from remote work-from-home arrangements or furlough, you are concerned about an employee who has an underlying medical issue that the CDC says places him at a higher risk for complications from coronavirus.

Can you refuse to return this employee to work?

According to recently updated guidance from the EEOC, the answer might be “yes.”

Thursday, May 7, 2020

Coronavirus Update 5-7-2020: Things I miss 😢


These are the top 10 things I miss (in no particular order):

1/ Seeing family and friends in person. (happy birthday Mom!)

2/ Hugs and handshakes.

3/ Dining out.

Wednesday, May 6, 2020

Coronavirus Update 5-6-2020: How do parents return to work without available childcare?


Childcare is the issue that has gotten the least attention in discussions about employees returning to work. As states begin to slowly reopen and return employees to work, working parents are left wondering who will care for their children if schools, daycares, and camps are closed.

Tuesday, May 5, 2020

Coronavirus Update 5-5-2020: Ohio encouraging employers to report AWOL employees to ODJFS


Last week I asked how employers could encourage employees to return to work when unemployment benefits pay them more than their jobs. One suggestion I offered was to hit employees with the stick of unemployment-benefit termination.

Employees who refuse return-to-work offers might be disqualified from collecting further unemployment benefits (unless their refusal is because of coronavirus), and you can advise employees that refuse a recall that you will be asking the state to terminate their benefits. 

Late last week, the State of Ohio provided a clear reminder to employers of the validity of this threat.

Monday, May 4, 2020

Coronavirus Update 5-4-2020: Handling employee mental-health issues in a world and workplace changed by coronavirus


May is Mental Health Awareness Month, which is as good a time as any to bring up an issue that has been weighing heavily on my mind — the looming mental health crisis that our employees are facing and will continue to face in a world and workplace changed by coronavirus.

Coronavirus has altered all of our lives, and all employees are dealing with stress, anxiety, and isolation.

Friday, May 1, 2020

Coronavirus Update 5-1-2020: Some Friday links to share


Just a couple of links to wrap up another looooong week in the world of COVID-19.

First, the video from Tuesday’s Zoominar.


Thursday, April 30, 2020

Coronavirus Update 4-30-2020: The last and absolutely final (I hope) word on masks in Ohio businesses


Next Saturday (May 9) will mark the (lucky) 13th anniversary of the Ohio Employer Law Blog (NKA the Coronavirus Law Blog). Never did I ever think that I’d have reason to write five different posts in the span of 48 hours on the issue of whether employees are, or are not, required to wear masks or other facial coverings in the workplace. Blogging in the times of coronavirus, however, is certainly unique.

Yesterday, Lt. Governor John Husted provided what I believe (and hope) is the final word on the rules surrounding masks and other face coverings for businesses.

Wednesday, April 29, 2020

Coronavirus Update 4-29-2020 number 2: Ohio flips (again) on mandatory masks for employees


Adding to the profound confusion on the mask requirements for reopening businesses, Ohio appears to have changed its mind for the third time in the past 48 hours on whether masks will be required for employees.


It now appears that masks are required for employees and recommended for visitors and customers.

Coronavirus Update 4-29-2020: Governor’s DeWine’s explanation for why masks are only “recommended” falls woefully short


I tuned in yesterday to Governor DeWine’s 2 pm briefing to learn why Ohio had changed its stance on face masks and coverings from “mandatory” to “recommended best practice.” His explanation falls way short.

The Governor offered two explanations, both based on feedback he received from constituents in the hours after his original pronouncement.
  1. Masks are offensive to some, who don’t like the government telling them what to do.
  2. Masks can be problematic for people with disabilities.

Tuesday, April 28, 2020

Coronavirus Update 4-28-2020 number 2: Ohio’s reopening plan 𝗿𝗲𝗰𝗼𝗺𝗺𝗲𝗻𝗱𝘀 masks for all employees


“Life moves pretty fast. If you don’t stop and look around once in a while, you could miss it.”

 – Ferris Bueller

This morning, I wrote an entire post about the wise policy choice the State of Ohio made in mandating masks or facial covering for everyone entering a business moving forward. Then I conducted a webinar for over 200 people during which I spoke at length about this face-covering requirement.

What happened next? Ohio changed its mind.

Coronavirus Update 4-28-2020: Ohio’s reopening plan includes 𝗺𝗮𝗻𝗱𝗮𝘁𝗼𝗿𝘆 masks for all employees


Yesterday, Governor DeWine announced his plan to “responsibly” reopen Ohio, which will happen in phases.
  • May 1: Healthcare procedures that don't require an overnight hospital stay, dentists, and veterinary offices
  • May 4: Manufacturers, distribution, construction, and general office environments
  • May 12: Consumer, retail and service providers
  • Restaurants, bars, salons, and daycares will remain closed until further notice.

Ohio’s coronavirus microsite has all of the requirements and recommended best practices for each business sector.

Generally, the state is requiring five protocols for all businesses as a condition to reopening:

Monday, April 27, 2020

Coronavirus Update 4-27-2020: Bringing your employees back to work when unemployment pays them more than you do


At 2 pm today, Governor DeWine will announce his plan for restarting Ohio’s economy (currently expected to begin on May 2). One huge issue, however, is how businesses can incent their employees to return to work if unemployment is paying them more than you will.

Including the CARES Act’s $600 unemployment bonus that expires on July 31, an employee earning maximum unemployment benefits from the State of Ohio earns $1,247 per week, the equivalent of an hourly rate of $31.17 or a yearly salary of nearly $65,000. My guess is that most of your employees do not earn this much. It’s one of the worst unintended consequences of the CARES Act—employees are making more money unemployed than they did employed.

Thus, how do you incent your employees to come off unemployment and return to work, either because you are reopening or you need to end their furlough? You can either use the stick or the carrot.

Friday, April 24, 2020

Coronavirus update 4-24-2020: A coronavirus DOL settlement, and listen to me discuss empoyers’ preparations for reopening our economy


It did not take long for the Department of Labor to announce its first-ever settlement of a claimed violation of the Families First Coronavirus Response Act.

The DOL’s press release provides the details:

Thursday, April 23, 2020

Coronavirus update 4-23-2020: Your employees walk out in protest over coronavirus-related working conditions. Now what?


This week, Amazon workers are protesting what they view as unsafe working conditions. 300 workers from 50 facilities will skip their scheduled shift to protest Amazon’s treatment of warehouse workers.

According to United for Respect, the worker rights group organizing the protest, says that the Amazon employees are hoping to accomplish the following.