COVID-19-Related Employment Lawsuits

As New Yorkers return to work after the outbreak of COVID-19, employees will be faced with much uncertainty. It is important that employees are aware of the recent changes to the law to protect them from issues such as:

  • Lost or Missing Wages
  • Wrongful Terminations
  • Paid Sick Leave
  • Family & Medical Leave
  • Unsafe Working Conditions &/or Safety Procedures
  • Failure to Provide Face Masks, Gloves & other Personal Protective Equipment (PPE)

On March, 2020, Congress passed the Families First Coronavirus Response Act (FFCRA). This law requires employers of less than 500 employees to provide employees with up to 80 hours (10 days) of paid sick leave or expanded family and medical leave for coronavirus-related absences. This law also expands the Family and Medical Leave Act (FMLA), which is a federal law that provides sick leave and family and medical leave for certain employees. The new law also allows up to 12 weeks of family & medical leave for qualifying health emergencies concerning COVID-19.

As well, in April, 2020, New York State passed legislation guaranteeing paid sick leave for workers during a public health emergency. Companies with at least 100 employees must provide them with at least 14 days paid sick leave. Companies with between 11 and 99 employees must provide them 5 days paid sick leave, short-term disability and paid family leave. Companies with 10 or fewer workers and less than $1 million in revenue are not required to provide paid sick leave but must provide short-term disability and paid family leave

The Occupational Safety and Health Act (OSHA) requires employers to furnish their employees with “employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to [the] employees.” Workers have a right to raise COVID related safety & health concerns – such as a lack of PPE – without fear of retaliation. In fact, it’s illegal under OSHA to be fired for complaining about unsafe work conditions. It’s also illegal for the employer to reduce hours, withhold benefits, demote, reassign or transfer an employee for complaining about unsafe work conditions.

If you’ve experienced lost or missing wages, wrongful terminations, sick, family & medical leave issues &/or unsafe working conditions, the employment lawyers at Greenstein & Milbauer, LLP can help. Our firm’s motto is “Don’t Be A Victim Twice”. Call 1-800-Victim2 (1-800-842-8462) to schedule a confidential consultation with the employment lawyers at Greenstein & Milbauer, LLP. The call is free. The consultation is free. You don’t pay us unless we are successful. Remember our “Our Fee Guarantee: No Fee Unless Successful!”

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