Responsibilities and Rights of Employers and Employees During the COVID-19 Pandemic

Source: Joseph Maya, Julia Audibert, Zachary Sipala, Caroline Vandis, Calvin Carson, and Emily Prudente, Labor Law Journal, Vol. 71, Issue No. 4, Winter 2020
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The Occupational Safety and Health Administration (OSHA), Fair Labor and Standards Act (FLSA), Equal Employment Opportunity laws (which encompass the Americans with Disabilities Act and the Rehabilitation Act), and Title VII of the Civil Rights Act of 1964 are long-standing pillars of employment law in this country. Collectively, they aim to ensure individual privacy, safe work environments, and equal treatment free from discrimination in the workplace. Given their appealing and sensical nature, it seems axiomatic that these statutes and agencies operate in concert. However, complying with their provisions during a global pandemic requires navigating murky waters. In practice, these laws present sometimes competing demands for many employers and employees trying to understand the new reality imposed by COVID-19. Striking an effective balance between these rights and responsibilities during the upheaval caused by COVID-19 incurs a host of relatively novel challenges. In this article, the attorneys at Maya Murphy, P.C. demystify how to serve the best interests of employers and employees and offer a comprehensive analysis of legal guidelines, both old and new, to inform our readers how to best achieve that balance.