Workplace Lawsuits are on the Rise: Focus on “Fire Prevention”

Would you rather put out a fire or just prevent it in the first place? Of course, no business wants to deal with workplace lawsuits, so naturally, you’d prefer to avoid any workplace “fires” or claims altogether. Workplace lawsuits related to COVID-19 are on the rise, so it is important to be aware of what to expect. 

Of 283 filed in federal and state courts nationwide:

• 43% were filed in June

• Discrimination claims: 63

• Work-from-home or leave claims: 62

• Retaliation claims: 41

• Unsafe working conditions/PPE: 26

• Wage and hour claims: 20

• 41 class action claims against employers, most related to unsafe working conditions or wage and hour violations

Most of these suits, though related to COVID-19, boil down to basic employer responsibilities and best practices. Here are some crucial steps that employers should take in order to prevent workplace lawsuits/claims. 

“Fire Prevention” Steps for Employers:

• Develop and communicate employee policies. Modify any existing policies where necessary to create the flexibility needed during the pandemic, like attendance policies and implementing or expanding work-from-home;

• Train your managers and business leaders. They need to understand employee rights and what their responsibilities are to enforce and execute policies;

• Train your managers (and HR professionals) on the new paid leave law requirements and review company-provided time off benefits and leave options;

• Communicate, communicate, communicate. Develop a comprehensive communications strategy. Communicate often about enhanced safety measures and ensure they’re being executed effectively. As employees return to the workplace, honest, frequent, and transparent communication is key (while also protecting employees’ privacy);

• Plan ahead. What wage and hour challenges may come into play during the pandemic? How will you ensure work-from-home and leave requests are being handled fairly and consistently? How will you respond to a suspected or confirmed COVID-19 infection in the workplace - what’s your protocol? Create a plan now. Draft your communications now. Be prepared to respond to situations before they arise;

• Implement a system of “checks and balances.” Processes require oversight, especially if being executed by multiple management personnel on a case-by-case basis. Fair and consistent execution of policies across all management teams is critical   

Reach out if you would like assistance on these recommended steps.