Don’t Get Burned By A COVID-19 Employment Lawsuit or Fine

Avoid COVID-19 Employment Lawsuit or Fine

You may have noticed I’ve been very focused on this topic in the past few months. It’s because I’m really concerned for small and medium-sized business owners.

Each day I’m seeing articles like “A ‘tidal wave’ of Covid-related workplace lawsuits could be on the way” and noticing the numbers going up on Littler’s COVID-19 Labor & Employment Litigation Tracker.

According to Littler, an international employment law firm, since March 12 there have been 937 lawsuits (including 96 class actions) filed against U.S. employers. These are due to alleged labor and employment violations related to the coronavirus. They report that “the filings have increased steadily over the past several months.” There is no reason to expect this trend to change in your favor.

One concern I have is that many small and medium-sized business owners have an “It won’t happen to me” attitude when it comes to a COVID-19 an employment lawsuit or fine. Not true! With fully-staffed HR and legal departments, big companies have the legal chops to handle these types of issues. Smaller businesses don’t. And what you don’t know can destroy you!

Right now especially, every HR decision you make is scrutinized by others in leadership positions, employees and in the court of public opinion. That’s why this month, I’m sharing 3 ways to help protect your business from a COVID-19 lawsuit or fine.

  1. Get everyone on the same page.

    If you haven’t updated your employee handbook and workplace policies and procedures already, now’s a great time to do it. With so many employees working remotely, it’s a challenge to effectively communicate and measure their performance.

    Clearly defined workplace policies and procedures will help you improve communication and performance assessment and accountability. They also provide uniformity and consistency in decision-making and operations, and are a go-to source for employees to brush up on your core values and objectives.

  2. Enroll in expert-led training.

    Regulations and laws are constantly changing. You’ve got the CDC’s recommendations for employers responding to the coronavirus. Then there’s the EEOC’s enforcement of workplace anti-discrimination laws around what you can and can’t ask employees about their health.

    In September, the U.S. Department of Labor’s Wage and Hour Division (WHD) once again revised regulations related to the paid sick leave and expanded family and medical leave provisions of the Families First Coronavirus Response Act (FFCRA).

    The list goes on and on. If you’re not keeping up with these ever-changing laws, rules, regulations and recommendations, you’re putting your organization at risk.

    Avoid legal landmines and learn how to manage your peeps with my upcoming course called the “Employee Management Success System” starting later this month. In this 6-part series, I’ll teach you what you need to know—from hiring and retaining the best team to handling difficult employee issues without lawsuits and fines to balancing realistic compensation and employee recognition.

    You and the person responsible for the day-to-day HR duties in your organization should take this course. To learn more and get on the waiting list, contact me here.

  3. Carry out regular workplace risk assessments.

    Many organizations are using daily online surveys to ask employees if they’re experiencing any symptoms that could be due to the coronavirus. Others are providing free and unlimited access to confidential mental health services to help team members deal with stress, anxiety and depression for them and their families.

    • Sanitization protocols
    • Physical distancing protocols
    • Employees with pre-existing medical conditions who are at a higher risk of developing the coronavirus
    • Emergency preparedness and response

    Regular workplace risk assessments can help detect a problem before it snowballs into a COVID-19 lawsuit or fine.

When it comes to employment law around COVID-19, you can’t afford to do nothing.

COVID-19 fines and employment lawsuits are on the increase, so you need to quickly gain the skills and expertise required to navigate this new type of workplace.

When you could wear multiple hats as a small business owner, life was different. In most cases the HR duties were handled by yourself or someone in your office who handled bookkeeping, payroll and anything else you didn’t want to do.

Times have changed and these are issues that even experienced HR professionals struggle with. The pro’s like me are staying up on all of the compliance regulations – that’s our job!

I encourage you (and/or the person who takes care of your day-to-day HR activities) to take my course. It will be the best insurance plan you’ll ever pay for!  Contact me to learn more.

Business Legal Concerns, Business Management, Team Management
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