COVID-19 and OSH Act issues: 4 questions to consider

April 2020 employment law letter

Authors:

Doug E. Solomon, Genova Burns LLC

The current coronavirus pandemic (also known as COVID-19) presents many complex situations for employers and their respective workforces. Although employers are trying to navigate the maze created by wage and hour issues, Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) leave, remote workspaces, and childcare, they must also keep in mind their legal obligation to keep employees safe under the Occupational Safety and Health Act (OSH Act). Let's look at several important OSH Act questions.

4 questions to consider

(1) Can an employer enforce the terms of its attendance policy or discipline employees for refusing to come to work due to fear of COVID-19 infection? Depending on the circumstances, attendance policy enforcement or discipline for an employee's refusal to come to work might constitute unlawful retaliation. Under the OSH Act's antiretaliation provisions, an employee is protected if:

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