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Employment Law CLE Webinar

Event - Seminar | May 28, 2020


12:00 p.m. to 1:30 p.m.
An Encore of Our Popular Live Webinar: Back to Business – An Employer’s Guide to Reopening Safely

With states beginning to slowly reopen businesses in the wake of a global pandemic, employers are planning and preparing for a safe return to the workplace.  This webinar will navigate the rapidly changing legal landscape and discuss the requirements and recommendations for complying with prevailing standards. Experienced attorneys from Kutak Rock’s National Employment Group will cover a wide array of topics, including:

Workplace Safety Considerations for Employers

Employers have a general duty to keep employees safe in the workplace. Kutak Rock partner Gigi O’Hara will guide you through information surrounding OSHA enforcement related to COVID-19 including general standards regarding recording and reporting the illness, as well as whether COVID-19 can be considered work-related based on an event or exposure. Gigi will also cover OSHA and CDC recommendations for employers, as well as suggested preparedness and response plans.

Steps to Bring Employees Back

Kutak Rock of counsel Diana Fields will examine the steps employers can take when deciding who to bring back to work, the reasons for employee self-reporting, and screening measures for COVID-19 that can be taken at home or work. Diana will cover the privacy issues involved in employee temperature screening and whether employers should consider screening outsiders that enter the workplace. Finally, you will learn about COVID-19 testing and what to do if an employee tests positive, including who to identify, who to send home, when exposed employees can return, when an employee with symptoms can return, and whether an employer can screen new employees for COVID-19. 

Addressing Employee Safety Concerns and Accommodation Requests 

Employers should take all reasonable (and required) steps available to help ensure the safety of employees under the circumstances. Kutak Rock’s Employment Law Chair Marcia Washkuhn will examine the EEOC’s COVID-19 guidance and process related to employees who may be entitled to reasonable accommodations, as well as possible accommodations to eliminate or reduce risk to COVID-19. Marcia will also share the importance of planning for accommodation requests and what to do when at risk employees don’t request accommodations.

Identifying and Mitigating the Legal Risks of Reopening

Kutak Rock partner Richard Olmstead will cover the most likely legal risks associated with reopening a business in the middle of a pandemic, including workers’ compensation, negligence/wrongful death and recall risks that might involve breach of contract, discrimination, retaliation or the refusal to report. Richard will also explain miscellaneous risks that include the enforcement of non-competes and workplace privacy issues, and will discuss ways to mitigate those risks, including through the use of consent forms and waivers of liability.