Q: We are reopening and have a total of 30 full- and part-time employees. What precautions against the coronavirus should be taken so that legally we are OK?
-W.B., Encino
Ron Sokol
A: An employer has a fundamental duty to provide a safe working environment. Today, it is necessary for employers to make best efforts to follow the guidelines from the Centers for Disease Control and Prevention, other healthcare authorities, and government regulations. Also, the Equal Employment Opportunity Commission has issued its position on a variety of areas that employers should assess, including medical exams, reasonable accommodations for certain personnel, and prevention of pandemic-related harassment. Thus, screening employees upon entering the workplace, protective equipment or gear, and distancing may all be advisable. In sum, the more deliberate and prudent steps taken, the better.
Q: If an employee has COVID-19 symptoms, can we require him or her to stay home?
-A.D., Torrance
A: The EEOC guidance is clear: Yes, in response to your question. Also, the CDC indicates that if an employee becomes ill with COVID-19 symptoms, he or she should leave the work place.
Refundable
The IRS and the Department of Labor are allowing two refundable payroll tax credits for small and mid-sized businesses (fewer than 500 employees), designed to immediately and completely reimburse eligible employers for the cost of providing coronavirus-related leave to their employees.
Ron Sokol is a Manhattan Beach attorney with more than 35 years of experience. His column, which appears in print on Wednesdays, presents a summary of the law and should not be construed as legal advice. Email questions and comments to him at [email protected].
