Considerations for the COVID-19 Crisis.

• Author: Morris, Daniel

Unprecedented. Surreal. I have been using those terms with clients over and over as we respond to issues that arise out of the COVID-19 coronavirus. There is literally no road map for what we have gone through in this past week and what we will likely go through over the coming weeks and months. As an employment lawyer that provides guidance to employers, I recognize that during this time employers need to understand not just the legal issues raised by this crisis, but also the practical implications of those issues.

There is no question that the current crisis has created fear and uncertainty for employers and employees alike. Employers are fearful for the survival of their business. Employees worry about whether they will still have a job. It is important for employers of any size to recognize that the various federal, state, and local employment laws still apply during this crisis. Some of the laws may have exceptions or exclusions that modify an employer's obligation under the law, but employers should not assume that this crisis means employment laws do not apply. Not only do the laws still apply, but many, including most recently the FMLA, have been expanded to provide even more rights to employees and obligations for employers.

While it is beyond the scope of this column to provide a how-to for all of the various employment law considerations required to navigate this crisis, there are a few important considerations that employers of all sizes should bear in mind.

Stay Informed of Updates to the Law. The first few weeks of this crisis have made it apparent that Congress, state legislatures, and the Governors are prepared to act, and act quickly. We have seen a variety of paid and unpaid leave requirements implemented seemingly instantly. We have also seen restrictions imposed on how, when, and even whether an employer can continue to function. It is important for employers to stay apprised of the various obligations or restrictions that will be imposed upon them.

Provide a Safe Workplace. OSHA does not have any particular regulations that specifically addresses COVID-19. But it does have a provision, referred to as the "General Duty Clause", that requires all employers to provide its employees with a safe...