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Areas of Interest
November 17th, 2020
Uncompensated COVID-19 Safety Protocols Prompt Class Action Wage and Hour Claim
Many employers have implemented COVID-19 safety protocols for their employees based upon various government regulations, orders, and guidance as well as genuine concern for the health and well-being of the employees. But, do those employers have an obligation to compensate their employees for time spent going through the employer’s required COVID-19 safety protocols? One California employer is finding out the hard way.
Last month, a proposed class action was filed against Cytec Engineered Materials, Inc., a chemical manufacturer, in Orange County Superior Court alleging wage and hour violations of the California Labor Code. The plaintiff alleges non-exempt employees were required to: (1) don personal protective equipment, including safety goggles, masks, face shields, and gloves; and, (2) wait in line to be screened for COVID-19 through mandatory temperature checks. Because these allegedly work-related tasks were uncompensated, The plaintiff claims that Cytec failed to pay minimum wages, pay overtime, and issue accurate wage statements because employees were not compensated for time spent on these allegedly work-related COVID-19 protocols.
We will continue to monitor this litigation. If you have any questions about your company’s COVID-19 safety protocols, or compensation and timekeeping policies, please contact Tricia Legittino at (310) 579-9632 or tlegittino@fkks.com, Tiffany Caterina at (310) 579-9620 or tcaterina@fkks.com, Wendy Stryker at (212) 705-4838 or wstryker@fkks.com, or any other member of the Frankfurt Kurnit Employment Compliance, Training & Litigation Group.
Other Employment Law Alerts
New CDC “Close Contact” Definition Establishes Lower Threshold for Required Quarantine
The CDC recently updated its definition of a close contact as: someone who was within six feet of an infected person for a cumulative total of 15 minutes or more over a 24-hour period starting from two days before illness onset (or, for more asymptomatic patients, 2 days prior to test specimen collection) until the time the patient is isolated. Read more.
November 4 2020
California Codifies When COVID-19 Illness Will Be Presumed Job-Related for Workers’ Compensation Purposes
We give a rundown of who is covered under SB 1159 -- an important new law that all California employers need to understand. Read more.
September 29 2020
EEOC Again Updates Key Guidance for Employers Reopening Workplaces
On September 8, 2020, the EEOC again updated What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. The update contains important new guidance to help employers manage employee requests lawfully while reopening offices and other workplaces. Read more.
September 29 2020
