Don’t Get Hit With a COVID Employment Bias Claim
The federal government’s initial response to the COVID-19 pandemic included passage of the Emergency Paid Sick Leave Act (EPSLA) — a law that community associations and managers could inadvertently violate if they’re not careful. An association in Florida learned that the hard way when an employee it had terminated sued it under the law.
That association probably won’t be an anomaly. “This could be the tip of the iceberg,” says Dan Artaev, managing partner at Artaev at Law PLLC in Michigan. “There’s probably going to be a wave of cases like this, and associations are going to be defendants in these kinds of lawsuits.”
And managers aren’t immune. Unlike many employment laws that exempt smaller employers, the EPSLA generally covers all employers with fewer than 500 employees. “There’s an exemption for small employers if they can show compliance would basically put their business under,” Artaev says, “but it’s a pretty high standard to meet.”
Covered employers must provide eligible full-time employees with 80 hours of paid sick leave for COVID-19-related reasons. Part-time employees are entitled to such leave for the average number of hours they work over a two-week period.
Read the full story now to learn how to protect yourself and your clients from liability under the EPSLA: