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As businesses contemplate on reopening, there is this one issue that is the most daunting of all. Companies need to decide whether to screen or test returning employees for COVID-19.
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Unfortunately, the amount of information currently available does not make any testing decision easier; and if they are not careful, employers trying “to do the right thing” may wind up with a nasty lawsuit for their efforts.
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Many facilities that offer drug testing are now being used for COVID-19 testing. Employers should be careful to not unnecessarily put potential employees at risk by sending them to a location used for COVID-19 testing.
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While the decision could expand the number of employees entitled to paid leave under the FFCRA, the effect and geographic impact of the Court’s decision is less certain outside of the Southern District of New York.
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An HR compliance officer is in charge of keeping pace with all general labor law issues and compliance. Their job is to ensure that there are enough employees in place to abide by compliance requirements.
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On April 14, 2020, the state of New York filed suit in the U.S. District Court for the Southern District of New York (SDNY) against the DOL, claiming that several features of the Final Rule exceeded the agency’s authority under the Administrative Procedure Act (APA).
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Contrary to a common misconception and perhaps common sense, the FLSA does not require employers to track and pay for only those hours worked by non-exempt employees that the employer scheduled or otherwise directed the employee to work.
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Under the approved changes, the minimum pay a salaried worker must receive to be considered overtime-exempt will increase incrementally to 2.5 times the state minimum wage by 2028.
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Think of the typical office employee who commutes to their job by driving to and from work every day. Say this unfortunate employee gets into a motor vehicle accident on the way to or from work. Is this a compensable workers’ compensation claim?
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