Coronavirus Update 7-22-2020: Telemedicine and the FMLA

Earlier this week, the Department of Labor published a three new sets of FAQs—COVID-19 and the FLSA, COVID-19 and the FMLA, and updated FAQs on the FFCRA.

By and large the FAQs don't break new ground. But one of the FMLA questions caught my attention.

Non-Coronavirus Update 7-21-2020: Employment law issues I missed covering during the pandemic

Today, I thought I put COVID-19 on a virtual pause and take a look at some employment law issues I missed covering over the past couple of months. Here are 10 stories that jumped to mind.

Coronavirus Update 7-20-2020: How do you reopen schools without teachers?

We want to reopen the schools. Everybody wants it. The moms want it, the dads want it, the kids want it. It’s time to do it.

– President Trump, July 7, 2020

It's sort of true that everyone wants schools to reopen. President Trump's message omits one key word—safely. Everybody wants the schools safely to reopen. And one of the current coronavirus topic du jour is what safely reopening schools looks like. No matter where you fall on the debate between the CDC and President Trump, there remains one issue that isn't getting nearly enough attention—the teachers.

Coronavirus Update 7-17-2020: It’s a scary world at there, and I’m not just talking about the virus

I thought it was an innocent enough tweet.

I would have lost my friggin’ mind if I was in that room and then that happened.

— Jon Hyman 😷 (@jonhyman) July 16, 2020

And then came the replies.

Coronavirus Update 7-16-2020: A letter to Ohio — we’re all in this together; let’s all start acting like it

To my fellow Ohioans,

Last evening, Governor DeWine scolded many of you for not doing your part in helping to stop the spread of coronavirus. I took it as a warning; if we don't start acting responsibly, he will have no choice but to mandate masks and even shut down parts of the state. If that happens, we will have no one else to blame but ourselves (or at least some of us).

For anyone who has refused to wear a mask in public, this is your fault.

Coronavirus Update 7-15-2020: OSHA updates its mealy-mouthed facial covering FAQs (again)

OSHA has, yet again, updated its Frequently Asked Questions to advise employers about the use of face masks in the workplace during the ongoing COVID-19 pandemic.

What does OSHA now recommend?

Coronavirus Update 7-14-2020: Should employers be testing employees for COVID-19?

Fortune magazine asks: "Why some companies are screening employees for COVID-19, while others have opted out?" This is a legitimate question. 

Let's start with the law. Does the law (in this case, the ADA) permit an employer to test employees for COVID-19? Yes, an employer absolutely may administer a COVID-19 test before permitting employees to enter the workplace. 

Coronavirus Update 7-13-2020: Hopelessness

Today's post was either going to discuss mandatory temperature checks for employees or reopening schools. Instead, however, today will be a mental health checkup, because mine hasn't been great.

Coronavirus Update 7-9-2020: The 6th nominee for the “worst employer of 2020” is … the working mom sacker

Let this woman's Instagram post sink in, and then let’s talk about why it's wrong to fire a mom working from home (allegedly) because she has to spend some time tending to her children.

View this post on Instagram

| 28 days ago I finally had enough of the 𝗱𝗶𝘀𝗰𝗿𝗶𝗺𝗶𝗻𝗮𝘁𝗶𝗼𝗻 that my boss was giving me for him not being okay with hearing my kids in the background on calls.|😭😡😖💔 . He wanted me to figure out a way to keep the kids quiet 😣. I went to Human Resources with proof of what was going for the last 3 months and 7 days later AFTER that 𝗜 𝗴𝗼𝘁 𝗳𝗶𝗿𝗲𝗱!!!! 😭 They told me that I should be happy that the outcome to my career there could have been worse. I’m crying as I type this...😭 I was told I had a bright future. That I was doing very well in my position! 💔💔💔😭💔😭 . The last 3 months I have worked around the clock from home while watching my two toddlers😭. I have met all the deadlines they have asked me for, even the unrealistic ones. The situation that I had endured the last 3 months is beyond stressful😭. How does a company that says that they understand and will work around the schedule of parents do the complete opposite with their actions? 😭 I’m devastated. I have poured hours, tears, sweats, delayed giving my child a snack when he wanted one because my boss needed me to do something right away. And what did I get in return? 𝗙𝗜𝗥𝗘𝗗!!! 😭😭😭😭😭 😭😭😭😭😭😭😭😭😭😭😭 . They can keep the 𝗵𝘂𝘀𝗵 money they offered to not bring this up🚫🛑✋! No working mother should be discriminated against , especially during these times for not being able to keep my 𝟭 𝘆𝗲𝗮𝗿 𝗼𝗹𝗱 𝗾𝘂𝗶𝗲𝘁 for a business call 😡For not being able to turn something around in 5 minutes when my baby wants a snack😡. We are in tough times right now. This situation would have been temporary. None of my clients had issues with my kids in the background. 𝗜'𝗺 𝗴𝗼𝗶𝗻𝗴 𝘁𝗼 𝗳𝗶𝗴𝗵𝘁 𝗳𝗼𝗿 𝗲𝘃𝗲𝗿𝘆 𝗺𝗼𝗺 𝘁𝗵𝗮𝘁 𝗵𝗮𝘀 𝗴𝗼𝗻𝗲 𝘁𝗵𝗿𝗼𝘂𝗴𝗵 𝘁𝗵𝗶𝘀 ! 𝗜𝘁'𝘀 𝗻𝗼𝘁 𝗼𝗸𝗮𝘆!!!💪. IT’S NOT OKAY to have to feel that your boss is making you pick your work over your kids during these times!!!𝗜𝘁'𝘀 𝗡𝗢𝗧 𝗢𝗞𝗔𝗬!!! #justice

A post shared by Hi, I'm 𝗗𝗿𝗶𝘀| MODERN CALI MOM (@moderncalimom) on Jun 23, 2020 at 5:13pm PDT

Coronavirus Update 7-8-2020: A tale of two mask orders

Yesterday, Ohio announced that face coverings will be required at all times when out in public in seven surging counties—Butler, Franklin, Hamilton, Huron, Montgomery, Trumbull, and my county, Cuyahoga. The mandate applies as long as a county remains designated a Red Alert Level 3 Public Health Emergency county per the state's new tiered Public Health Advisory System, and requires facial coverings: 

• In any outdoor public space when a person is unable to maintain physical separation of not less than six feet from others who are not members of the person's household.
• In any indoor space open and accessible to the public, including while waiting in line to enter such indoor space.
• Inside any public transportation and any ride-share vehicle when it is not possible to maintain physical separation of not less than six feet from others who are not members of the person's household.

Ohio's mandate takes effect at 6 p.m. today.

Similarly yesterday, Cuyahoga County proposed its own rule that would also require people to wear face coverings in the same places, regardless of whether the county is designated Red Alert Level 3.

That, however, is where the similarities end.

Coronavirus Update 7-7-2020: Do you know the difference between quarantine and isolation?

During the ongoing COVID-19 pandemic, we've heard the words "quarantine" and "isolation" used a lot. While a thesaurus might list them as synonymous, in this context they are not. 

According to the CDC, quarantine keeps someone who might have been exposed to the virus away from others and helps prevent the spread of disease that can occur before a person knows they are sick; isolation separates people who are infected with the virus from people who are not infected.

Because these terms serve different purposes during this pandemic, these also have different recommended courses of action.

Coronavirus Update 7-6-2020: Telsa fires workers for staying home after giving them permission to stay home … and after they complain about safety

"Carlos, there is no need to feel that you are going to lose your job. If at this time you do not feel comfortable returning to work, you can stay home without penalty and take the time unpaid."

That email, sent from Tesla's acting human resources director to a now terminated employee, will be central to that employee's wrongful termination lawsuit pending against the automaker.

Coronavirus Update 7-2-2020: Employee claims his remote-work request got him fired, sues

An employee suffers from high blood pressure and lives with his 81-year-old mother. He's an engineer and began working from home for his employer in mid-March when his state shut down non-essential businesses. His employer, however, remained open, and several weeks later required him to return to in-person work in the office. He refused, requesting continued work from home. The company refused that request and fired him for job abandonment. The employee sued for disability discrimination.

Coronavirus Update 7–1–2020: THIS is how you protect your employees

Mootown Creamery is an ice cream shop in my town. Consistent with Ohio's reopening rules, it requires its employees to wear masks while working. For the protection of her employees and customers, its owner also decided to require customers to wear masks while in the store.

Some, however, have been less than receptive to the mask requirement. Worse, they have taken their anger and frustration out on the store's teenage workers. 

Coronavirus Update 6–30–2020: CDC now recommends that people wear cloth face coverings in public

Your cloth face covering may protect them. Their cloth face covering may protect you.

As COVID-19 cases spike nationwide, and the CDC warns that we have "way too much virus" to control the pandemic, that same agency just released new guidance recommending that people wear cloth face coverings when in public. 

Coronavirus Update 6–29–2020: Judge hands McDonald’s a whopper of a rebuke for its COVID-19 response

A month ago I reported on a novel lawsuit filed against McDonald's Corporation in which the plaintiffs sought to have the fast-food conglomerate's alleged failure to comply with health guidance and provide PPE to its employees declared a public nuisance.

Last week, the judge granted the plaintiffs a preliminary injunction, concluding that they were likely to succeed on the merits of their claims. In so ruling, he concluded that the company fell short in its obligation to keep safe its employees and its customers.

Coronavirus Update 6–26–2020: New music Friday—Norah (en français), and a brand new Old 97’s song @suburbspod #FridayNightHootenanny

Since early May, Norah has spent her Friday nights jamming on the Rockin' the Suburbs podcast's Friday Night Hootenanny. Each Friday at 8 pm, the podcast hosts a virtual jam session via Zoom (sign up here). People can join just to listen or to share a song or two. Each week Norah's been sharing songs from the songbook she's been crafting during quarantine. Last Friday, she played her latest, a song she wrote entirely in French. (Fun facts: Norah has been taking French since kindergarten, she won the "Best Overall French Student" award at her recent middle school graduation, and I can feel her teenage face cringing as I type this.) 

The song is called, "Pas de Pluie, Pas de Fleurs" (No Rain, No Flowers). It's completely beautiful and blew me away. The Rockin' the Suburbs hosts were kind enough to share the video with me, and I'm now sharing it with you.

Coronavirus Update 6–25–2020: Are employees taking paid leave under the FFCRA? — the results

The results are in from my survey on the prevalence of employee leave under the FFCRA. Of those employers that are covered by the FFCRA:

• 86 percent have an FFCRA policy
• 59 percent train employees on the FFCRA
• 74 percent have had an employee take leave under the FFRCA

Coronavirus Update 6–24–2020: Are employees taking paid leave under the FFCRA?

According to a recent poll conducted by the National Partnership for Women & Families, less than one in five employees have either taken or plan to take paid sick or paid family leave under the FFCRA. Of the 19 percent who has actually taken, or intend to take, paid FFCRA leave:

• 9 percent say they are using new leave protections for their own illness or isolation. 
• 8 percent say they are using new leave protections due to a family member’s isolation/illness. 
• 7 percent say they are using new leave protections to care for a child due to child care or school closure. 
• 6 percent said they took leave, but not because of the new policy. 

Coronavirus Update 6–23–2020: Must you accommodate an employee with a high-risk family member?

A bit of personal news: I have requested the opportunity to work from home for the fall semester because of my daughter’s heart condition. I found out this afternoon that it was rejected because it is my child’s condition and not mine.

— Jason Helms (@helmstreet) June 17, 2020

One of the questions I have received most from clients during this pandemic comes in some variation of the following: "An employee [does not want to come into work / wants to work from home / wants a leave of absence] because s/he lives with someone who is at high risk for coronavirus complications. What do we do?"

In other words, must you accommodate an employee for the employee's close family member's disability?