CDF partner Todd Wulffson authored the article "How California Businesses Can Reduce Liability From COVID-Related Employment Litigation," for the Orange County Bar Association's OC Lawyer publication's November edition.
"On August 28, 2020, Governor Gavin Newsom unveiled a new, four-tier system (which replaced the prior four-stage system) that sets forth how, if a county can show success in reducing COVID-19 transmission, non-essential businesses in that county can re-open with decreasing amounts of restrictions. Although Los Angeles and San Francisco Counties are still in Tier 1 at the time of this writing, Orange and San Diego Counties are now in Tier 2, approaching Tier 3. Most businesses in California, therefore, have re-opened already or will be doing so very soon. However, navigating this new system has forced employers to make a myriad of logistical and other decisions that will impact how, and perhaps if, they weather the COVID-19 storm. Most of these decisions also bring with them varying levels of risk from employment claims; and while the typical California employer is no stranger to lawsuits, the unique issues associated with remaining operational during a pandemic present liability concerns as novel as the new coronavirus itself."
The article goes on to outline the following topics: 1) employees returning to work, 2) remote workers, and 3) COVID-19 screening and testing.
Click here to read the full article.