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Advice for Businesses in Dealing with the Expanding Coronavirus Events

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Employment Issues

By
Elena Baca, Felicia Davis, Stephen Harris, Kenneth Willner, Ira Klein, Elizabeth Minoofar, Sarah Spiegelman, & Anna Yoon
On Mar 08, 2020

Click here to read the Employment Issues client alert

Employers face uncertainty around what they can and should do to promote the health and well-being of their workforce while navigating federal, state, and local regulations. Employers must consider ever-changing government warnings, travel restrictions (including potential exit and reentry detentions), and privacy concerns regulated by federal, state, and local laws, including:

  • The Occupational Safety and Health Act (“OSHA”), which requires employers to provide “employment and a place of employment, which are free from recognized hazards that are causing or are likely to cause death or serious physical harm”;
  • The Health Insurance Portability and Accountability Act (“HIPAA”), which protects the safety of personal health information with respect to health plans, but not general employment information;
  • Federal and state disability statutes, which limit medical inquiries and protect against discrimination based on perceived and actual disability;
  • Federal and state leave laws, and local sick pay requirements;
  • Federal and state wage and hour laws; and
  • Federal and state anti-retaliation provisions protecting employees who raise safety concerns or perceived violations of state or federal regulations or laws.