Coronavirus

June 11, 2021

Do I Have the Right to Work from Home?

After more than a year living in a pandemic, many workers have grown used to working from home (WFH) and want to continue doing so, even as the country begins to edge closer to more re-openings. However, with more people getting vaccinated and Covid-19 rates decreasing in many states, some employers are pushing for their employees to return to their worksites. What happens for workers who don’t want to return? Is there a legal right to work from home?

No Legal Right to Work Remotely

When public health orders are lifted and employees are cleared to return to the workplace, employers might have operational concerns to justify a distinction between essential and noncritical workers; they have the right to determine the worksite of any of their positions. Although people have been working from home to help slow the spread of the coronavirus, the pandemic does not change any existing labor laws.

April 30, 2021

Does My Employer Have to Say When a Coworker has Coronavirus?

By Walton Law, A.P.C.

In the early stages of the pandemic, it was up to the employees themselves to keep track of Covid-19 cases. Now, it is the employers’ turn to let their employees know about the coronavirus, thanks to a California law. The Governor passed AB 685 on September 17, 2020. It went into effect on January 1, 2021 and expires on January 1, 2023. This law requires employers to give specific notices about Covid-19 in the workplace.

Notice Requirements for COVID-19 the workplace

California employers must provide their employees with written notice within 1 business day of getting notification of potential exposure of Covid-19. All employees (and employers of any subcontracted employees) who were at the common worksite as the worker who was diagnosed with Covid-19 during the infectious period must be notified.

February 12, 2021

Wrongful Termination During Covid-19

By Walton Law, A.P.C.

Most employment is considered “at will.” This means that employees can be fired at any time without any warning and with no cause. However, there are times when your employer dismisses you that are illegal and are considered wrongful termination. The Covid-19 pandemic has highlighted some of these unlawful ways to get rid of employees. Here are categories for such examples:

Discrimination

An example of discrimination that occurs during the Coronavirus pandemic often involves persons with disabilities. You could be legally protected under the Americans with Disabilities Act (ADA) if you have a condition that makes it unsafe for you to go to work at your normal worksite because it makes you more vulnerable to getting Covid-19. If you requested an accommodation that would allow you to work remotely or in a way to minimize your risk rather than the worksite, but you were fired instead, that could be illegal. If your accommodation was reasonable (wouldn’t cause undue hardship or interfere with your ability to do your job), then you might have a claim for wrongful termination.

October 2, 2020

Nursing Homes in a Pandemic

By Walton Law, A.P.C.

A nursing home is a private institution that provides a range of accommodations for elderly people and others in need of support. The CDC has found the risk of illness from COVID-19 increases greatly with age. Older adults with underlying health issues that contract the disease may face additional hospitalization, ventilators, intensive care, and even death. Due to the current global pandemic, it is no surprise nursing homes have been hit extremely hard by the respiratory virus.

Nursing Home Care During COVID-19

Many nursing homes have closed their doors to any visitors, so it is difficult to know what is truly going on in these facilities. Although not every coronavirus-death can be prevented, it is important nursing homes take the follow measures to protect their residents:

August 28, 2020

Accommodating At-Risk Employees in California During COVID-19

By Walton Law, A.P.C.

Many California employees are starting to return from furloughs and remote work which was used to comply with state regulations and mitigate risk during the COVID-19 pandemic. This includes may elderly and pregnant workers who are at higher risk for severe complications if they become infected with Coronavirus. Employers are prohibited by the federal Equal Employment Opportunity Commission (EEOC) from keeping these at-risk employees from working if they want to; this may lead to discrimination claims.

Discrimination claims also arise from violations of the Americans with Disabilities Act (ADA), which requires reasonable accommodations for employees with disabilities or who have elevated risk for serious cases of COVID-19. It is important for employees as well as employers to know California’s Department of Fair Employment and Housing (DFEH) mandates that any employer with five or more workers make reasonable accommodations if appropriate; however, many employers and employees alike fail to understand what that means.

EEOC Accommodation Guidance

June 29, 2020

The Problem with Nursing Home Self-Inspections

By Walton Law, A.P.C.

As the COVID-19 pandemic continues to rage, nursing home residents are among the hardest hit demographic and make up a large portion of the fatalities nationwide. Though the virus is undoubtedly deadly, especially for elderly individuals and those with compromised immunity, the concentration of deaths in nursing homes is concerning. Adding to that concern is the fact nursing homes are currently permitted to self-inspect as a result of the pandemic. The lack of oversight presents numerous issues we’ll explore more.

Independent Inspections Suspended

At the outset of the pandemic, the Centers for Medicare and Medicaid Services (CMMS) decided to temporarily stop regular inspections at over 15,300 nursing home facilities nationwide to focus instead on the coronavirus threat. Instead, routine inspections were developed and implemented as a way to safeguard the residents. Unfortunately, when the government halted its own inspections, it authorized nursing home facilities to self-inspect.

May 10, 2020

Special Employee Rights in California Nursing Homes During COVID-19

By Walton Law, A.P.C.

Nursing homes have been a hotbed for the spread of coronavirus during the current pandemic, putting not only elderly residents but employees at these facilities in danger as well. In California, interim regulations have been put in place granting these employees the right to be protected at work if their job exposes them to Covid-19 or other airborne infectious diseases. Here is an overview of the current rights of protection for employees in California’s skilled nursing and long-term care facilities (Facilities).

Cal/OSHA Requirements

Currently, California’s Division of Occupational Safety and Health (better known as Cal/OSHA) protects employees by setting and enforcing standards to keep workers safe on the job. Under the Aerosol Transmissible Diseases (ATD) standard, requirements are set to protect employees from diseases, including Covid-19, transmitted by aerosols. The ATD standard applies to Facilities. At these Facilities, the requirements for employee protection vary depending on whether the employer does or does not transfer suspected and confirmed Covid-19 positive patients to hospitals for airborne infection isolation.

April 21, 2020

Communicating with Loved Ones in Nursing Homes During COVID-19

By Walton Law, A.P.C.

COVID-19, also known as the Coronavirus, has put a stop to the regular structure of our lives. We no longer are able to move about freely and often find ourselves having not spoken to another person for hours at a time. This isolation that has been imposed upon us is what our elderly loved ones feel on a daily basis living in their homes as they age. One way we have all tried to combat this symptom of aging is to place our elderly loved ones into a nursing home. Often times this is out of necessity due to medical concerns, but it also allows for them to have human interaction on a daily basis.

Unfortunately, with COVID-19 spreading throughout our world, we have had to place great restrictions on nursing home visitations. Therefore, while so many of us would go visit our loved ones at their nursing homes on a daily or weekly basis to ensure their treatment and medical concerns were being met, we now are literally locked out of their care. In addition, the nursing homes are experiencing a shortage of workers due to illness and fatigue leaving us to wonder if our loved ones are being properly cared for. Understaffing is a growing problem in the United States and has been for a long time. With the new novel Coronavirus, the rate of understaffing is at an all-time high.

While we understand the need for the lockdown in the facilities to try to ensure the virus does not enter these facilities where many patients have compromised immune systems, the distance is hard for all involved. There are some things that you can still do to see your elderly loved one and ensure their proper care is continuing.