COVID Screening Time Suits Proceed As Pandemic Lingers
Labor, Employment and Benefits attorney Tina Tellado was interviewed by Law360 about lawsuits alleging companies failed to compensate employees for time spent in mandatory pre-shift COVID-19 screenings. In the suits, workers claim that the lack of pay for pre-shift screenings violates the Fair Labor Standards Act or similar state laws. Guidance from the U.S. Department of Labor says workers should be compensated for time spent in screenings before entering a job site if those checks are necessary for the work performed. However, Ms. Tellado noted, the guidance is "a bit ambiguous and factually dependent," leaving room for interpretation by the courts - and a balancing act for employers.
"It's definitely been a delicate territory," she said. "Employers are trying to balance the well-being and safety of employees in the workplace and then the realities of dealing with compensation."
READ: COVID Screening Time Suits Proceed As Pandemic Lingers (Subscription required)