Employment Litigation and COVID-19 Claims: Strategies to Prepare Now in the Calm Before the Storm

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Employment and Workers Comp
- event Date
Monday, November 9, 2020
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will review potential claims that employers may face as businesses address the COVID-19 world. The panel will explain the impact on workers' health and safety and employers' compliance with current state and federal law, a shifting work-from-home model, and the implications on employment law.
Faculty

Mr. Lee represents employers in trials, arbitrations, hearings, and agency audits on behalf of management on actual claims initiated by labor. He tirelessly provides his clients with advice on the best solutions to avoid claims in a variety of difficult workplace issues involving sensitive terminations of employment, potential claims of race, gender, age and disability discrimination, harassment, retaliation, claims of wage and hour misclassification or failure to pay back wages or overtime, workplace safety complaints and citations by OSHA, and alleged breaches of restrictive covenants and/or employment agreements. Mr. Lee further helps his clients comply with state and federal employment laws and regulations to eradicate or minimize potential liability, damages and costs to the employer. He provides counsel on decisions to hire, discipline or terminate, proper pay procedures, safety compliance, and data privacy issues. As an experienced litigator, Mr. Lee has successfully tried employment lawsuits before juries, judges and arbitrators. He has an extensive list of articles published around the U.S. as well as been requested to present at employment seminars through the American Bar Association, Colorado Bar Association, the International Municipal Lawyers Association, and with other employers, large and small, around the country.

Mr. Kalmanowitz devotes a substantial portion of his practice to the representation of public employees. He represents employees of the Federal government and the State of Colorado, as well as employees of local/municipal governments, law enforcement agencies, school districts, and other special districts in cases involving employment discrimination and harassment based on race, gender, religion, age, and disability. Mr. Kalmanowitz also represents employees in cases involving wrongful termination, wage and hour issues, free speech, and other claims for violations of Constitutional rights. He has litigated cases for public employees in State and Federal trial and appellate courts, and in the U.S. EEOC, the Merit Systems Protection Board, and the Colorado State Personnel Board. While much of his practice focuses on the representation of public employees, Mr. Kalmanowitz’s work and experience in that area carries over into his representation of private sector employees, where he is a committed advocate for a fair and just workplace. He also provides advice on wage and hour compliance and employment policies to small employers.
Description
In the wake of the coronavirus pandemic, there have been workplace shutdowns, a shift to tele-work, re-employee terminations, and layoffs/furloughs. Those are just a few of the activities employers may have to account for as COVID-19 settles in.
Future employment claims arising from out-of-work employees and other employment-related claims may include employee discrimination charges based on disability, age, and other protected classes. Employers may likely face claims under wage and hour regulations for alleged failure to pay back/past due wages related to PPP loans, as well as issues related to employee leave, accommodations, remote work, overtime, employee misclassifications, and potential violations under the FLSA salary reduction test.
Other topics will be summarily presented, including employers' concerns of employees' departure and immediate violations of restrictive covenants, worker reporting safety violations to OSHA on the non-enforcement of employers' anti-COVID-19 policies, and failing to include an anti-virus policy in the company employee handbook.
Listen as the panel shares what attorneys and their business clients can expect as well as related preventative strategies in preparing for employment litigation stemming from COVID-19.
Outline
- Types of lawsuits
- Discrimination claims
- Leave claims
- Retaliation/whistleblower
- Wage-and-hour claims
- Unsafe work environment
- Other claims
- Steps to avoid COVID-19 claims
- Creating return to work policies
- Addressing systemic issues
- Reviewing accommodation policies
- Reach out to your employment attorney without hesitation; an ounce of prevention prevents a pound of potential legal damages
Benefits
The panel will review these and other topics:
- The impact of COVID-19 on employment law and litigation
- Identify potential legal issues and greatest risks
- Explore how to gather a defense against future claims
- Examine effective strategies for prevention
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