In wake of coronavirus, remember legal obligations to employees

Employers are rightfully concerned about what they should be doing to respond to the continued spread of COVID-19. As we all deal with disruptions to our daily routines, employers need to keep in mind the applicable employment laws when deciding how to respond.

Coronavirus and employment laws

How employers respond to the coronavirus outbreak may implicate several areas of employment law, including occupational health and safety regulations, antidiscrimination laws, immigration regulations, employee leave laws, and employee privacy.

Health and safety. Employers have a duty under the U.S. Occupational Safety and Health Act (OSH Act) to maintain a safe work environment "free from recognized hazards likely to cause death or serious physical harm." That duty includes taking proactive steps to limit employees' risk of exposure to unsafe conditions and recognized hazards.

As with any infectious outbreak, employers are wise to consider temporarily restricting travel to affected areas, permitting work from home when employees are ill, and educating employees on general best practices related to avoiding contamination with the virus. Employers should revisit policies involving employee travel, leave, and work arrangements as well as policies governing the use of personal protective equipment, such as face masks and gloves. Employers also should encourage good hygiene practices.