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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 firstname.lastname@example.org, Tiffany Caterina at (310) 579-9620 or email@example.com, Wendy Stryker at (212) 705-4838 or firstname.lastname@example.org, or any other member of the Frankfurt Kurnit Employment Compliance, Training & Litigation Group.
Other Employment Law Alerts
Employers Must Implement NY HERO Act Safety Plans Now
On September 6, 2021, Governor Kathy Hochul designated COVID-19 as an airborne infectious disease under the HERO Act. This designation requires all employers to implement workplace safety plans that are in compliance with HERO Act standards. Read more.
September 8 2021
The Fast and the Furious: Four Major Developments in COVID-19 and Return-to-Work Protocols
In case you blinked, we covered four major developments that came out in the past week that every employer needs to know as they reopen their offices. Read more.
June 16 2021
Vac to Work: EEOC Provides New Guidance on Vaccine Requirements, Incentives, and Documentation Requests
On May 28, 2021, the Equal Employment Opportunity Commission updated its ongoing guidance on COVID-related labor and employment rules, “What You Should Know about COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” The updates provide crucial information for employers working through their return-to-work plans. Read more.
June 4 2021