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Workplace and Benefit Plan Regulations: Responding to the Pandemic

Compensation, FMLA, OSHA, Workers' Comp, USERRA, and Other Employer Considerations to Mitigate Risk

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, December 3, 2020

Recorded event now available

or call 1-800-926-7926

This CLE course will discuss issues in employment law and crisis management in light of the novel coronavirus outbreak and assist in planning for pandemics or other disasters that may impact the workplace. The panel will address how to approach compensation for exempt and non-exempt employees, Family and Medical Leave Act (FMLA) claims, workplace safety, workplace protections for first responders under the Uniformed Services Employment and Reemployment Rights Act (USERRA), and more.

Description

The continued outbreak of COVID-19 in the U.S. has created fears and uncertainties for employers. Employment counsel must prepare to guide clients in navigating myriad legal considerations, including potential areas of liability under federal and state employment laws, and advise them on effective tactics to ensure legal compliance and mitigate risk.

Now that many of the CARES Act provisions have expired, employers must consider the federal or state statutes that address health and safety issues with their employees, as well as their clients. New questions arise daily. How can employers comply with current recommendations regarding travel restrictions, shelter in place orders, mask mandates, and social distancing requirements from government and health authorities to maintain a safe working environment while trying to conduct "business as usual"?

Compensation for exempt and non-exempt employees under FLSA and related state laws is a significant concern for employers during and after a crisis. Are exempt employees entitled to pay if a workplace shuts down because of a crisis? Must non-exempt employees be compensated for overtime pay if their workload increases due to a crisis?

Employers must continue to prepare for FMLA requests by immune-compromised employees or those who develop a contagious virus or whose spouse, parent, or child suffer from medical issues due to illness.

Workplace safety is always a high priority. What are OSHA's requirements for employers to protect workers from workplace hazards? Employment counsel must also guide their clients in understanding and meeting their obligations.

Listen as our authoritative panel of employment law attorneys discusses legal considerations and best practices for employers throughout the COVID-19 outbreak and in anticipation of a potential future crisis.

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Outline

  1. Compensation and FLSA
  2. FMLA leave
  3. OSHA requirements
  4. USERRA
  5. Other employer considerations
    1. Routine cleaning
    2. Mask mandates
    3. Social distancing
    4. Sick leave updates
    5. Travel policies and telecommuting

Benefits

The panel will review these and other key issues:

  • Obligations to compensate exempt and non-exempt employees during and after a natural disaster or widespread crisis
  • Employee rights under the FMLA following a natural disaster or other crisis
  • Responsibilities under OSHA to ensure workplace safety after a natural disaster
  • Obligations to first responders under USERRA

Faculty

Brenneman, Deborah
Deborah S. Brenneman

Partner
Thompson Hine

Ms. Brenneman is a partner in the firm's Labor & Employment and Business Litigation practice groups. She...  |  Read More

Penrod, Stephen
Stephen R. Penrod

Partner
Thompson Hine

Mr. Penrod's knowledge of both qualified plan and executive compensation matters combined with his in-house...  |  Read More

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