A man works at a desk in an office building in the City of London financial district, amid the coronavirus disease (COVID-19) in London, Britain, July 30, 2020. REUTERS/John Sibley/File Photo
August 1, 2022 - The COVID-19 pandemic led to an onslaught of novel employment-related litigation. Over the last roughly two years, lawsuits have followed from, among other issues, employers requiring on- and off-site health screenings, vaccinations and quarantining; employees seeking reimbursement of expenses for working from home; allegedly unlawfully deprived COVID-related accommodations; and workplace safety concerns.
Although courts are continuing to wrestle with these issues, multiple court decisions have started to provide employers some guidance.
In an effort to keep workplaces free of COVID-19, both for the protection of employees and for the continuity of business operations, many employers required on-site, pre-shift health screenings. Litigation followed over whether non-exempt employees are entitled to compensation for this time, and to date courts have split on this issue.
In California, one federal court held that time spent on pre-shift COVID-related screens was not compensable under the federal Fair Labor Standards Act because such activities were not "integral and indispensable" to the employee's so-called principal activities. (Pipich v. O'Reilly Auto Enterprises, LLC (S.D. Cal., Mar. 15, 2022, No. 21CV1120-L-LL) 2022 WL 788671).
By contrast,...
"Breaking news: Sri Lanka has been removed from the United Nations," says superimposed Sinhala-language text on a Facebook graphic shared on September 25, 2026 The graphic also features a photo of...