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Employment Litigation and COVID-19 Claims: Strategies to Prepare Now in the Calm Before the Storm

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 Monday, November 9, 2020

Recorded event now available

or call 1-800-926-7926

This CLE course will review potential claims that employers may face as businesses address the COVID-19 world. The panel will explain the impact on workers' health and safety and employers' compliance with current state and federal law, a shifting work-from-home model, and the implications on employment law.


In the wake of the coronavirus pandemic, there have been workplace shutdowns, a shift to tele-work, re-employee terminations, and layoffs/furloughs. Those are just a few of the activities employers may have to account for as COVID-19 settles in.

Future employment claims arising from out-of-work employees and other employment-related claims may include employee discrimination charges based on disability, age, and other protected classes. Employers may likely face claims under wage and hour regulations for alleged failure to pay back/past due wages related to PPP loans, as well as issues related to employee leave, accommodations, remote work, overtime, employee misclassifications, and potential violations under the FLSA salary reduction test.

Other topics will be summarily presented, including employers' concerns of employees' departure and immediate violations of restrictive covenants, worker reporting safety violations to OSHA on the non-enforcement of employers' anti-COVID-19 policies, and failing to include an anti-virus policy in the company employee handbook.

Listen as the panel shares what attorneys and their business clients can expect as well as related preventative strategies in preparing for employment litigation stemming from COVID-19.



  1. Types of lawsuits
    1. Discrimination claims
    2. Leave claims
    3. Retaliation/whistleblower
    4. Wage-and-hour claims
    5. Unsafe work environment
    6. Other claims
  2. Steps to avoid COVID-19 claims
    1. Creating return to work policies
    2. Addressing systemic issues
    3. Reviewing accommodation policies
    4. Reach out to your employment attorney without hesitation; an ounce of prevention prevents a pound of potential legal damages


The panel will review these and other topics:

  • The impact of COVID-19 on employment law and litigation
  • Identify potential legal issues and greatest risks
  • Explore how to gather a defense against future claims
  • Examine effective strategies for prevention


Lee, Lawrence
Lawrence L. (Larry) Lee

Jones & Keller

Mr. Lee represents employers in trials, arbitrations, hearings, and agency audits on behalf of management on actual...  |  Read More

Kalmanowitz, Ian
Ian Kalmanowitz

Cornish & Dell'Olio

Mr. Kalmanowitz devotes a substantial portion of his practice to the representation of public employees. He represents...  |  Read More

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