Employment Law and COVID
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Session Summary
Coming off a year that has echoed sentiments of feeling out of control, leaders from across sectors and industries have questions about employment law, safety, and other areas impacting how we earn a living in the wake of COVID. Those in smaller organizations or independent contractors also struggle with keeping up to date with worker-related rights and legislation. Panelist Andrea Milano, special counsel at Pillsbury Winthrop Shaw Pittman, brings attention to the importance of knowing the different standards and stringent guidelines which vary state-to-state, city-to-city. Progress begins with awareness. And once we independently see where we need help, and actually ask for it, the necessary resources can be found to guide businesses, small and large, on how to pivot.
Return to work requirements are complicated on both sides of the coin for employers and employees. Transparency is key, and employees should feel empowered to ask for details about what's being done to keep them safe, while employers should welcome those questions. This circles back to a more national topic which the conversation turns to address, that being the general duty clause and potential for Congress to limit employer liability. The importance of understanding State specific mandates are again underlined with added attention going towards ensuring that employers are meeting the basic thresholds of thinking through risk factors and the preservation of public safety.
Ultimately, returning to work may not look the same, and companies need to prepare for it. Evaluate building management structures. Understand HVAC systems of air filtration. Force leadership and governing authorities to enforce mask mandates despite vaccination status. The willingness to have honest conversations with employees at all levels is crucial and will look, sound, and feel different for different communities. We know COVID has disproportionately impacted lower income homes and affected Black and Brown communities at more grossly lethal levels. So for example, if you have the privilege of avoiding public transportation, it’s time to confront reality because we’re all not set up the same. But this is our opportunity to do the work in making it just and get it right for once.
