Unprecedented workplace challenges of 2020 spill into new year

If we’ve said it once, we’ve said it 2,020 times: “That’s 2020 for you!” The past year has certainly taught us to expect the unexpected. After all, when is the last time employers encountered a nationwide pandemic, mass economic shutdowns, and a hotly contested presidential election, much less all in the same year? We venture to say your answer is “never!” Unfortunately, given recently increasing numbers of COVID-19 cases and a rash of litigation surrounding the election outcome, it seems 2021 may bring on more of the unexpected. But let’s take a look at what we can best surmise.

Lots of employment issues in flux

COVID-19. The Families First Coronavirus Response Act (FFCRA), implemented in response to COVID-19 and providing income and leave for employees affected by the virus, expires on December 31, 2020. Insiders say there has been little if any discussion about increasing the amount of leave allowed under the FFCRA or extending it into 2021.

Throughout the pandemic, the Occupational Safety and Health Administration (OSHA) has investigated more than 179 workplaces and issued $2.5 million in fines. If former Vice President Joe Biden is confirmed as our next president, employers should expect his administration to (1) pursue employee complaints aggressively, including those alleging coronavirus exposures at work, (2) conduct more inspections, and (3) issue more citations and fines.