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Employment Law Today

Tuesday, September 28, 2021
28
Sep
Facebook Live Video from 2021/09/28 - Vaccine Mandates, Exemptions, and Employer Liability

 
Facebook Live Video from 2021/09/28 - Vaccine Mandates, Exemptions, and Employer Liability

 

2021/09/28 - Vaccine Mandates, Exemptions, and Employer Liability

[NEW EPISODE] Vaccine Mandates, Exemptions, and Employer Liability

The issue of whether business owners can have vaccine mandates or mask mandates for their employees has become one of the most hotly debated, shape-shifting, and often confusing topics for employers in 2021. On this episode, I will distill the many changed federal, NY State, and NYC laws, regulations, and guidelines, and will present the most updated, direct answers for employers on this topic.

We will discuss liability issues and how to minimize the chances that different employees can sue you for different reasons. A must-see show for business owners!

 

Tune in for this informative conversation at TalkRadio.nyc or watch the Facebook Livestream by Clicking Here.


Show Notes

Segment 1

Eric starts the show introducing his topics and talking about his background and experience in labor law. Eric started practicing law in January 1999 and began his own practice by spring of 2001. His firm mainly focuses on labor law issues. Eirc discusses the Covid-19 relief; workplace safety. He goes over the requirements for employers and their responsibility in creating a safety plan following Covid-19. Eric discusses the does and don’t required by NY state and Federal Law.

Segment 2

Coming back from the show Eric continues discussing what employers can do to keep their employees safe. He talks about how NY state delayed their mandates until October 12th. Eric mentions the requirements that will force employees to either get vaccinated or submit a test that shows they’ve tested negative for COVID-19. He also talks about the pros and cons of having a mandate and how there’s possibilities of getting sued whether you're on top of safety regulation or not. Before the best, Eric gave some concrete examples of how to handle vaccination exemptions. He talks about the employer and employee’s rights pertaining to the situation.

Segment 3

Coming back from the break, Eric glosses over the first two segments to reiterate covid safety requirements for employers. He discusses the different possibilities of how to deal with federal mandates and not letting it affect your business. Eric mentioned that though employees are able to request for exemptions for health or religious reasons, employers are not required to keep you employed if not getting vaccinated keeps you from doing your job. He also talked about the lack of responsibility an employer has for generalized fear surrounding COVID-19.

Segment 4

In the last segment Eric gave another recap of the previous segments. He talked about mask mandates, vaccination requirements, employers rights, and safety protocols that have to be followed. He also discussed workers compensation policies and how employers can be liable for injuries of their employees working from home. Eric ended the segment with tips for employers post COVID-19 and how to prepare to bring their workers back to work.


Transcript

00:05:27.390 --> 00:05:38.970 Eric Sarver, Esq.: Good evening, welcome to employment law today i'm your host Eric solver i'm an employment law and business law attorney and founder of the law offices of arrogance auburn.

00:05:39.480 --> 00:05:54.030 Eric Sarver, Esq.: And I host this show employment law today each Tuesday evening 5pm to 6pm Eastern standard time where we address different issues that many small and mid sized business owners are facing today.

00:05:54.750 --> 00:06:08.160 Eric Sarver, Esq.: issues regarding related to employment issues related to Labor issues related to business, particularly in light of the coven 19 pandemic in terms of how the epidemic may have impacted.

00:06:08.970 --> 00:06:17.430 Eric Sarver, Esq.: certain topics for employers and for and employees alike, and so, usually in the spirit, I have a guest on my show every week.

00:06:18.270 --> 00:06:27.780 Eric Sarver, Esq.: I select people who are well versed in the topic we speak about whether it's about business or recruiting or employee relations.

00:06:28.560 --> 00:06:35.460 Eric Sarver, Esq.: And lately, in light of all the coven 19 regulations and rules that employers have to face.

00:06:35.910 --> 00:06:46.560 Eric Sarver, Esq.: rules regarding issues of mandatory vaccines and math mandates or reasonable combinations or safe workplaces and decided to do something a little bit different tonight.

00:06:46.950 --> 00:06:54.930 Eric Sarver, Esq.: I thought I would have an employment law attorney who's well versed in this area and, since this is, in fact, what I do with a passion every day.

00:06:55.740 --> 00:07:05.010 Eric Sarver, Esq.: of my work week I thought I would just give a presentation to my audience and I gathered some questions in advance to focus on some topics.

00:07:05.670 --> 00:07:20.430 Eric Sarver, Esq.: So with that backdrop our topic tonight will be a covert considerations for employers think what you need to know about bringing workers back to the office and so.

00:07:21.000 --> 00:07:32.760 Eric Sarver, Esq.: My guests, of course, would be myself Eric somber, as I mentioned i'm an employment law business law attorney just some be brief background about me i've been practicing law it since January 1999.

00:07:33.210 --> 00:07:51.180 Eric Sarver, Esq.: And i've had my practice since the spring of 2001 so my focus is i've been mainly on issues of employment, label on and what we're seeing in my field, these days, we are seeing a lot of questions and changes in policies that are coming up.

00:07:52.230 --> 00:07:54.570 Eric Sarver, Esq.: That employers needed to know now.

00:07:56.100 --> 00:08:03.870 Eric Sarver, Esq.: So with that backdrop and let's take a bit of a roadmap of our show tonight let's give a roadmap here we've got the.

00:08:04.920 --> 00:08:13.380 Eric Sarver, Esq.: Relief hero actually to talk about some rules regarding workplace safety as per the coven 19 pandemic when your.

00:08:13.890 --> 00:08:24.150 Eric Sarver, Esq.: When your employees coming back to the office we'll talk about what you as an employer can and cannot do when it comes to having a mandatory vaccination policy for your workers.

00:08:24.540 --> 00:08:42.600 Eric Sarver, Esq.: And we'll talk about what you might have to do if you're an employer, with more than 100 employees so i'm going to start with those employers working in and having workplaces in New York state right we're going to talk about a safe workplace in the New York State law.

00:08:43.890 --> 00:08:54.420 Eric Sarver, Esq.: Alright, so the first law we're going to speak about is the Co relief hero Act, the hero X stands for health at essential rights.

00:08:55.170 --> 00:09:05.880 Eric Sarver, Esq.: Is the main crux of the of the law, it was signed into law, the system back background here in New York state to New York State law signs in the spring of 2021.

00:09:06.690 --> 00:09:19.350 Eric Sarver, Esq.: And what it basically does is it, it requires you as an employer to have certain new workplace health and safety protections certain safety protocols, in response to the.

00:09:20.160 --> 00:09:31.290 Eric Sarver, Esq.: pandemic and what the New York hero act requires is basically requires employers in private industry across New York state and the New York state word sites to have.

00:09:32.280 --> 00:09:39.450 Eric Sarver, Esq.: A an infectious airborne disease outbreak policy so basically in New York state saying look if you're an employer.

00:09:39.810 --> 00:09:48.390 Eric Sarver, Esq.: You have employees come into the office or the work site, you need policies in place, you need a plan and you need to tell your employees about this plan.

00:09:48.660 --> 00:09:59.820 Eric Sarver, Esq.: that protects them from exposure to certain airborne infectious diseases and we're not talking about the common cold, they were talking about very serious diseases that are easy to communicate.

00:10:01.380 --> 00:10:08.970 Eric Sarver, Esq.: Such as cover 19 which is one disease covered by this act so basically think of it as if you have employees on the work site.

00:10:09.720 --> 00:10:25.500 Eric Sarver, Esq.: You need to let's talk about what you need to do right, you have until August 5 was a deadline to adopt a plan, a safety plan that basically says what your policies are around things such as social distancing masking.

00:10:26.580 --> 00:10:27.420 Eric Sarver, Esq.: Mass mandates.

00:10:28.680 --> 00:10:42.150 Eric Sarver, Esq.: Contact contact tracing all these things much me was the a plan that you have, for your employees if you're a New York state's company or companies matter state with workers at a New York state work site.

00:10:43.110 --> 00:10:51.690 Eric Sarver, Esq.: So it's interesting and that this this is think of it as a heightened safety standard that you as an employee must must have.

00:10:52.380 --> 00:10:58.680 Eric Sarver, Esq.: And the New York state was smart about this, I think, because a lot of them for you don't know what the safety plan looks like, how do you make one.

00:10:59.070 --> 00:11:06.510 Eric Sarver, Esq.: What is considered what passes the test will pass as a standard right who decides, if your safety plan as an employer.

00:11:07.470 --> 00:11:21.900 Eric Sarver, Esq.: meets the the proper requirements of you and keeps your work is safe So these are some of the questions that the State addressed in this new hero act in this law and visually if you're an employer here's what you need to know, and he ever you're required to do.

00:11:23.070 --> 00:11:35.070 Eric Sarver, Esq.: You have to provide a copy of this this safety plan for stopping the spread of certain diseases such as coven right, you have to give that to New York state and to your employees.

00:11:35.370 --> 00:11:47.070 Eric Sarver, Esq.: So we have about 30 days after your doctor plan me to post it in a prominent location in new or exciting and to give a copy to all of your employees.

00:11:48.300 --> 00:11:52.980 Eric Sarver, Esq.: Now it's interesting because the plan doesn't speak about vaccination is required.

00:11:53.640 --> 00:12:00.360 Eric Sarver, Esq.: And when your hero act what employer to ask me questions I got some questions before the show about what happens if i'm.

00:12:00.780 --> 00:12:06.720 Eric Sarver, Esq.: hesitant to put a vaccination policy in place, I have less than 100 employees and not sure if I want to go that route.

00:12:07.260 --> 00:12:22.920 Eric Sarver, Esq.: Well, the nuclear reactors not so you have to do that, however, if you chose a mandatory vaccination policy, you would certainly be considered, you can certainly consider that rather to put that as part of your your hero actor safety plan.

00:12:24.180 --> 00:12:33.300 Eric Sarver, Esq.: So just keep in mind that this are takeaways here that this is a plan for safety New York State Department of Labor has excellent protocols, you can download and follow.

00:12:33.900 --> 00:12:45.600 Eric Sarver, Esq.: And you distributed to your employees and you add it to your employee handbook and the plan goes into effect as of this fall and so it's just one thing to keep on your radar.

00:12:46.890 --> 00:12:56.790 Eric Sarver, Esq.: Some questions that got an office in our sessions from clients from from colleagues, even from people watching the show about whether or not the.

00:12:57.870 --> 00:13:17.190 Eric Sarver, Esq.: plan must be whether the employees rather have a say in the plan and answer that question, if you have 10 or more employees, then you as an employer have to create a joint workforce sort of a committee that made up of your employees who have volunteered for this.

00:13:18.300 --> 00:13:28.950 Eric Sarver, Esq.: or selected and made up of the employer and they're managed basically management and workers and they get to oversee the safety plan that you have in place.

00:13:30.120 --> 00:13:38.580 Eric Sarver, Esq.: And this might sound a little dry some people and that, if it is kind of dry, I recommend reaching out to an employment lawyers that just myself.

00:13:39.540 --> 00:13:54.570 Eric Sarver, Esq.: To help guide you through this situation through this creating this plan, that you will need in New York state's and then your hero act and it's important to because you know the state does provide for some penalties some for evaluate this law.

00:13:56.220 --> 00:13:59.040 Eric Sarver, Esq.: For example, you can be you as a company can be defined.

00:14:00.180 --> 00:14:08.910 Eric Sarver, Esq.: $10,000 for violations of either not having a proper safety plan for your employees or not distributing it to your employees that's a big mistake.

00:14:09.330 --> 00:14:18.540 Eric Sarver, Esq.: A lot of employers make they don't send a copy to their employees and their native language and English as well, and you can also get daily penalties.

00:14:19.110 --> 00:14:30.000 Eric Sarver, Esq.: Starting at $50 per day so it's good law to know about it's good to have on your radar it's good to be aware of and it's also good to know that.

00:14:30.600 --> 00:14:37.950 Eric Sarver, Esq.: This law applies if you have workers in a workplace So if you are a company that has decided to go hundred percent remote.

00:14:38.430 --> 00:14:47.820 Eric Sarver, Esq.: and your workers are working from their homes and apartments you know starbucks throwing you know, then this flood isn't really applying to you because when you think about it.

00:14:49.110 --> 00:14:58.170 Eric Sarver, Esq.: Unless you have any workers in the workplace it's about stopping the spread of infectious airborne disease, and so, if your employees are working in their own homes miles away from each other.

00:14:59.040 --> 00:15:07.170 Eric Sarver, Esq.: The chances printing is disease at work is is pretty minimal it's not impossible unless some new science comes out that says to the country which I highly doubt.

00:15:07.800 --> 00:15:21.750 Eric Sarver, Esq.: So that's a little little something on the New York hero X people to know about and OSHA is on the federal level OSHA stands for the occupational safety and health and it's also the occupational.

00:15:22.890 --> 00:15:36.390 Eric Sarver, Esq.: Safety and Health agency OSHA is an agency and a law and OSHA has its own federal version of certain makes you as an employer obligated to have a safe workplace right, so you have standards around.

00:15:37.410 --> 00:15:46.140 Eric Sarver, Esq.: friendly outbreaks and infectious diseases standards around safety in the workplace in terms of the materials that you use in terms of.

00:15:46.590 --> 00:15:54.150 Eric Sarver, Esq.: What dangers workers are exposed to what kind of protective gear, they have so all of this is something to keep in mind the planet is takeaways that.

00:15:54.570 --> 00:16:10.470 Eric Sarver, Esq.: New York state and the Federal Government both have laws that require you, especially in time of covert 19 to up your game when it comes to protecting your workers and stay in their safety, and so I think it's an important point to make on your radar.

00:16:12.180 --> 00:16:26.400 Eric Sarver, Esq.: Okay, and I it's a little different, as I mentioned format, this week, since we don't have a guest on the show it's just more of an important presentation on issues that I think we all need to know about.

00:16:28.050 --> 00:16:32.760 Eric Sarver, Esq.: So the next issue i'll just dive into a little bit and then i'll stop in for a commercial break.

00:16:33.990 --> 00:16:43.260 Eric Sarver, Esq.: Is the issue of state mandates right state mandatory vaccines or state mass Mondays so New York state.

00:16:44.010 --> 00:16:50.220 Eric Sarver, Esq.: Is a little bit different in terms of whatever requires when you compare it that say to the federal government great.

00:16:50.850 --> 00:17:06.120 Eric Sarver, Esq.: Many people i'm sure watching tonight, they have perhaps read about in the news or match maybe you saw President biden's tell tell by his press conference, where he mentioned a new executive order, the new rule going out.

00:17:07.200 --> 00:17:08.790 Eric Sarver, Esq.: we've already mandatory vaccines.

00:17:10.080 --> 00:17:22.770 Eric Sarver, Esq.: i'm going to start with New York State in terms of what's required for an employer right what measures can you take and what are you not allowed to do when it comes to to state mandated vaccines and for masks.

00:17:23.490 --> 00:17:34.710 Eric Sarver, Esq.: Actually, but first we want to take a brief commercial break I think it's nice breaking point perhaps that we covered, one of the main state laws around having a healthy and safe workplace.

00:17:35.400 --> 00:17:49.590 Eric Sarver, Esq.: So i'm going to safe, now that you're watching employment law today i'm your host erick solver and employment law business law attorney and i'm on talk radio nyc right now, and every Tuesday at 5pm so stick around.

00:17:50.160 --> 00:17:57.450 Eric Sarver, Esq.: we'll come back and talk about state mandates for vaccines and other important issues that you really need to know about will bring back.

00:20:14.100 --> 00:20:25.500 Eric Sarver, Esq.: Welcome back to employment law today i'm your host erick sovereign, as mentioned i'm an employment law business law attorney and I host this show every week we discussed that the most pressing and hottest.

00:20:26.610 --> 00:20:34.920 Eric Sarver, Esq.: Employment and business law issues and topics and so tonight i'm talking about a topic that's been on a lot of people's minds if you're an employer.

00:20:35.760 --> 00:20:41.250 Eric Sarver, Esq.: Frankly, any state, especially in New York, but anywhere if you're an employee even you may have some questions about.

00:20:41.760 --> 00:20:52.860 Eric Sarver, Esq.: What you as an employer can do in terms of requiring vaccinations in the workplace or requiring masks I think this is a very important point that employers now are struggling with.

00:20:53.400 --> 00:21:01.500 Eric Sarver, Esq.: what's required what can they do what can't they do what are they forced to do under the law so i'm going to talk about that let's start with New York state.

00:21:02.250 --> 00:21:11.430 Eric Sarver, Esq.: What are some of the New York state mandates around vaccines are masks well if you're a State employee of New York and this might apply to somebody listening here this evening.

00:21:12.570 --> 00:21:21.390 Eric Sarver, Esq.: New York has the latest requirement that State employees and get vaccinated they're going to vaccinate I should say, from the coven antivirus.

00:21:21.990 --> 00:21:32.850 Eric Sarver, Esq.: And they're going to delay that for a bit smaller October 12 and they're going to state that that point employees can either get vaccinated for Cobra 19.

00:21:33.450 --> 00:21:45.360 Eric Sarver, Esq.: Or rather, must get vaccinated for Kofi 19 or they must admit to undergo weekly testing by more than a month from now with the test to see if they're negative for coordinating.

00:21:45.960 --> 00:21:52.440 Eric Sarver, Esq.: So basically there's some state laws in your state that are broadening mass mandates as well for vaccinated workers.

00:21:52.770 --> 00:21:59.700 Eric Sarver, Esq.: Right, so now state workers have to wear their masks and save facilities and if you're a private company let's say you have in your estate.

00:22:00.060 --> 00:22:09.210 Eric Sarver, Esq.: agency as a client keep in mind that if your employees will be on their premises in their facilities, then they must comply with any mass men needs that the state has.

00:22:09.720 --> 00:22:18.930 Eric Sarver, Esq.: The same mass mandates statement hanford State employees may apply to your private company if you're doing work for a New York state's entity your agency.

00:22:20.970 --> 00:22:34.290 Eric Sarver, Esq.: will talk a bit about returning to work as well, and you know employer is have a right to keep you as an employee ever right to keep a safe workplace and in fact you're required to I think one of the catch 20 twos.

00:22:35.400 --> 00:22:38.550 Eric Sarver, Esq.: There are many employers are finding themselves in today a bind is that.

00:22:38.970 --> 00:22:50.340 Eric Sarver, Esq.: They you know they don't want to get sued by their employees for any danger condition of property or Ford say not having a safe workplace where people can contract over 19.

00:22:50.730 --> 00:22:55.560 Eric Sarver, Esq.: There have been some cases of companies being sued for not having enough safety protocols in place.

00:22:56.250 --> 00:23:03.180 Eric Sarver, Esq.: But if a company is too stringent about say requiring vaccinations and that company is not aware of some of the.

00:23:03.690 --> 00:23:10.530 Eric Sarver, Esq.: exemptions and how to handle those exemptions, then it could be a sticky lawsuit and the other side of that equation.

00:23:11.160 --> 00:23:26.820 Eric Sarver, Esq.: So a lot of employers, right now, if you're an employer business owner you're might be feeling sort of damned if you do damned if you don't and So what do you, what are your rights to require your workers to wear to wear masks or to get vaccinated to take the vaccination issue first.

00:23:27.870 --> 00:23:28.380 Eric Sarver, Esq.: So.

00:23:29.430 --> 00:23:39.750 Eric Sarver, Esq.: You might own a restaurant, you might own an accounting firm, you might want a construction company you as an employer might have all kinds of different businesses.

00:23:40.290 --> 00:23:53.370 Eric Sarver, Esq.: And if you have less than 100 employees you're not required to have a mandatory vaccination policy but suppose you want you suppose you want to keep.

00:23:54.210 --> 00:24:04.140 Eric Sarver, Esq.: Keep yourself safe keep your loved one safe keep your employees safe, you might get some pushback right anyone who reads the news today is seeing how much.

00:24:04.680 --> 00:24:10.230 Eric Sarver, Esq.: pushback through is overmatched mandatory vaccination mandates right there have been a lot of lawsuits from.

00:24:11.040 --> 00:24:20.970 Eric Sarver, Esq.: From healthcare workers and nurses, unions and from the hospital workers and from just general accounting firms, people are suing their employers saying you can't.

00:24:21.510 --> 00:24:34.140 Eric Sarver, Esq.: require me to wear a mask or you can't require me to get a vaccine of Cobra 19 vaccine so we'll talk about the Covenant team vaccination and the good news is that if you're an employer.

00:24:35.250 --> 00:24:42.630 Eric Sarver, Esq.: You have a right to to mandate that your employees and get the coven 19 vaccination to come to work.

00:24:43.890 --> 00:25:00.030 Eric Sarver, Esq.: it's not 100% absolute rights in that, if your employees and say clean or religious exemption exemption right that they say your your work comes to us as hey boss I can't get the vaccine or I won't get the vaccine for coven 19 because I have religious.

00:25:00.780 --> 00:25:05.430 Eric Sarver, Esq.: A firm, they just held belief it's against my religious practices against my religious.

00:25:06.480 --> 00:25:11.100 Eric Sarver, Esq.: worship night by principles, so I don't want to get the coven 19 vaccine by someone to come to work.

00:25:12.180 --> 00:25:14.640 Eric Sarver, Esq.: So what do you do in that situation if you're an employer.

00:25:15.690 --> 00:25:27.600 Eric Sarver, Esq.: Well i've seen some i've seen some not so good advice out there, to be honest i've seen people tell you employers that you know, once the worker raises or religious objection to the vaccine.

00:25:28.740 --> 00:25:37.080 Eric Sarver, Esq.: or a disability based objection it to the vaccine i've seen people wrongly tell a word employers and business owners that you then have to let them.

00:25:37.380 --> 00:25:44.790 Eric Sarver, Esq.: Come to work without the vaccine so you're running a restaurant your head chef it says, I have religious objection i'm the jehovah's witness.

00:25:45.540 --> 00:25:50.970 Eric Sarver, Esq.: Another religion that doesn't agree with vaccines so i'm not gonna get the vaccine and coming to work on Tuesday.

00:25:51.540 --> 00:25:59.160 Eric Sarver, Esq.: A lot of employers have thought that their hands are tied well they mentioned religion, I don't want to be suited for discrimination, I guess, I have to just say okay right.

00:25:59.940 --> 00:26:08.970 Eric Sarver, Esq.: Now actually that's not true, you have a right to well there a couple things you can do as an employer let's take the religious exemption is the first example.

00:26:10.290 --> 00:26:18.090 Eric Sarver, Esq.: Employee comes to you, it says, I don't want to get the vaccines guess by religious beliefs so first off, you know you have a right to.

00:26:18.690 --> 00:26:38.190 Eric Sarver, Esq.: examine whether or not they actually can do their job without the vaccine, so it goes into this sort of it's called a reasonable accommodation request it looked at that way, the same way you look at it, if you have a say worker who can work on the Sabbath because of religious religious.

00:26:39.480 --> 00:26:48.600 Eric Sarver, Esq.: objection right, you can you reasonably accommodate that work as a religion, without without hurting yourself as a company So what does that mean.

00:26:49.500 --> 00:27:01.260 Eric Sarver, Esq.: It means, can you can you put that work and let's say in another position, possibly that will they won't be perhaps dangerous on the people around them, but they can also get their job done.

00:27:03.120 --> 00:27:05.760 Eric Sarver, Esq.: But take some concrete examples right and we take a step by step.

00:27:07.560 --> 00:27:18.330 Eric Sarver, Esq.: I take the example of let's say a daycare Center right daycare facility in New York New Jersey and suppose one of the daycare worker is the teachers or the.

00:27:18.840 --> 00:27:26.490 Eric Sarver, Esq.: The people who take care of the small children comes to you and says, I don't want to get the vaccine against my religion, you know what do you do well.

00:27:26.910 --> 00:27:36.630 Eric Sarver, Esq.: Under a reasonable accommodation and analysis get to ask yourself Okay, is this person's request going to hurt my business right.

00:27:37.170 --> 00:27:49.770 Eric Sarver, Esq.: As it kind of pulls an undue hardship, meaning is it going to hurt me as a business owner financially right they're requesting is that say as to out there and that I couldn't not afford to meet the request.

00:27:51.360 --> 00:28:02.460 Eric Sarver, Esq.: Is they're requesting still work for you and not get the vaccine going to be logistically impossible right you can't operate it just it'll throw a wrench in the monkey works and you can't do what you do as a company.

00:28:03.180 --> 00:28:13.830 Eric Sarver, Esq.: Will the again the the question, the issue is your employee who is telling you hey boss I don't want to get the coven a team maxine to get my religious beliefs, I want to come back to work.

00:28:14.250 --> 00:28:24.810 Eric Sarver, Esq.: and whatever company you own, the question is that going to be impossible to to carry out um so i'll give some examples so copy once I make it easier.

00:28:25.500 --> 00:28:36.360 Eric Sarver, Esq.: With the say the daycare agency if the daycare workers, as I don't want to get the vaccine, but I still want to do my job well question becomes well how can you accommodate them.

00:28:37.410 --> 00:28:47.850 Eric Sarver, Esq.: Meaning can they still do their job without coming in now if their job is there the bookkeeper for the at daycare Center or maybe they answer the phones.

00:28:48.330 --> 00:28:59.130 Eric Sarver, Esq.: that's the job that arguably they can do remotely maybe it's not going to hurt your daycare Center because you're an employer you run this operation and maybe they can do their job from home and their basement or wherever they are.

00:29:00.180 --> 00:29:09.750 Eric Sarver, Esq.: starbucks it's not going to hurt you right you get the work on time a bait they send the spreadsheet and emails Google drive you know dropbox and share files and it's fine.

00:29:10.920 --> 00:29:21.180 Eric Sarver, Esq.: But suppose that workers mean job is to take care of the children right to change your diapers to play with them to defeat them snacks that's very close contacts.

00:29:21.570 --> 00:29:32.460 Eric Sarver, Esq.: That is not a job that you can accommodate by saying okay look at the vaccine, because the religion i'm going to accommodate you, but having you work from home right, you can zoom in to change a diaper you just can.

00:29:34.020 --> 00:29:41.220 Eric Sarver, Esq.: Can network or past maybe be siloed off tonight doing a different different duty well if they're in charge of a class of small children.

00:29:41.940 --> 00:29:50.160 Eric Sarver, Esq.: Maybe toddler age would say then New York state has very strict guidelines that say that each day care agency has to have.

00:29:50.550 --> 00:30:00.750 Eric Sarver, Esq.: A certain number of teachers for workers per child, so you might not be able to accommodate that request and operations basis hey i'm sorry Susan I know you want to.

00:30:01.500 --> 00:30:12.870 Eric Sarver, Esq.: Work off to the side here, but I need you to watch the children and I need you to interact with them and then do you have a compelling reason to deny pardon me the accommodation request right that's the big part is equation.

00:30:14.100 --> 00:30:22.050 Eric Sarver, Esq.: If your children in this daycare Center your you know the people whose parents pay you to send their children, their these kids can be vaccinated right.

00:30:22.500 --> 00:30:33.210 Eric Sarver, Esq.: So if they catch over 19 they can get sick, they can get very sick and they can cause the Agency was daycare Center to close down to be quarantine for weeks or even months on end.

00:30:34.350 --> 00:30:42.270 Eric Sarver, Esq.: It could be a very messy situation, so you have a compelling interest in saying no i'm sorry you either come to work or hacks let you go, I have to.

00:30:42.660 --> 00:30:50.850 Eric Sarver, Esq.: So that's kind of a the way this works, you know comes to regional combination requests, so if you're an employer and someone comes to your favorite disability right.

00:30:51.270 --> 00:31:04.500 Eric Sarver, Esq.: boss I can't get the vaccine coven 19 because I have this ability, where I can be very dangerous me to get the vaccine or I have a disability, where this the vaccine that won't work with my body.

00:31:05.820 --> 00:31:15.000 Eric Sarver, Esq.: So what do you do in that situation again look at the person's job and ask how can you accommodate them, I think he changed things around so that.

00:31:15.840 --> 00:31:27.060 Eric Sarver, Esq.: They could still work for you, they get their work done, they don't break the bank they don't cost you too much money and accommodate them and they're happy you're happy and they get to.

00:31:27.750 --> 00:31:36.300 Eric Sarver, Esq.: work without getting the vaccine do their job functions and everyone's happy, he was thrilled if you can pull that off great tried.

00:31:37.080 --> 00:31:43.440 Eric Sarver, Esq.: But if you're going if you're a restaurant and your Executive chef is telling you that they're disabled and they can't get the vaccine.

00:31:44.220 --> 00:31:52.320 Eric Sarver, Esq.: But they have to cook you know they can't you can't write you can hybrid remote work, whether you can zoom in and make a meal right you can't.

00:31:52.650 --> 00:32:06.720 Eric Sarver, Esq.: interact with the other chefs from another room down plexiglass so look at like the type of job and ask yourself if I accommodate this person if I let them know I get the vaccine and remote work or maybe wear a mask.

00:32:07.560 --> 00:32:13.200 Eric Sarver, Esq.: or stay in another part of the the office or work different hours of other people is that going to hurt you.

00:32:13.650 --> 00:32:23.580 Eric Sarver, Esq.: Your bottom line financially or hurt the way you function will make it impossible for the company to run smoothly so that's really the analysis, so if you can, if you can accommodate.

00:32:24.510 --> 00:32:33.750 Eric Sarver, Esq.: Go for it do it, and the last thing i'll say on this is make sure that you, you ever write a letter I got a question before the show from an employer wants to know, can I require proof.

00:32:34.170 --> 00:32:43.860 Eric Sarver, Esq.: of disability carry requiring proof of religious objection natural answer is yes right a lot of agencies and core to go back and forth on this point.

00:32:45.210 --> 00:32:51.540 Eric Sarver, Esq.: is a tricky one, because if you get proof of someone disability keep in mind the hipaa laws and to keep those those.

00:32:52.500 --> 00:33:02.310 Eric Sarver, Esq.: medical records confidential so that's something to keep in mind, but again, the takeaway here is that, as a small player, you can invest mass been mandates, you can have it.

00:33:02.820 --> 00:33:21.720 Eric Sarver, Esq.: vaccine mandates, you want to be careful about how you enforce it, and you want to be careful not to penalize people let's say for not getting the vaccine if they can be working remotely and doing the job, so we have to take a break and I realized this is a rose is kind of dense very.

00:33:23.010 --> 00:33:34.470 Eric Sarver, Esq.: Detailed materials bit complex and it's also highly focused on on certain legal term so to take a little break let this all kind of sink in that the audience to others show while.

00:33:35.040 --> 00:33:41.940 Eric Sarver, Esq.: America solver post employment law today you're watching my show employment law today here on talk radio nyc.

00:33:42.810 --> 00:33:54.780 Eric Sarver, Esq.: When we come back we'll have some more examples we'll talk about the issue of safety in the workplace, once again, and workers compensation and what you need to know so stick around folks we'll be right back.

00:36:32.340 --> 00:36:39.570 Eric Sarver, Esq.: Welcome back to implement today i'm your host erick solder, just to kind of summarize what we're having a topic here tonight of.

00:36:40.470 --> 00:36:50.310 Eric Sarver, Esq.: covert considerations for employers right what you're allowed to do in terms of requiring your employees to get the vaccine took over 19 or to wear masks in the workplace.

00:36:51.090 --> 00:36:59.580 Eric Sarver, Esq.: we're talking about what happened if an employee has an objection to getting a vaccine, based on their religion, their disability or even their pregnancy.

00:37:00.030 --> 00:37:11.400 Eric Sarver, Esq.: And we're talking about what the Federal and State laws have say about what standards you as an employee, I must follow to keep your workplace safe for your employees and stay for your customers as well.

00:37:12.240 --> 00:37:26.160 Eric Sarver, Esq.: Your clients, and so I talked about the newer hero act which, as I mentioned, basically requires employers to up their game to have some more detailed stringent plans for exemptions.

00:37:27.030 --> 00:37:39.030 Eric Sarver, Esq.: Rather than plans for safety against outbreaks of airborne infectious diseases such as Cobra 19 talked about what the plan looks like and how you distribute to your employees.

00:37:39.540 --> 00:37:51.690 Eric Sarver, Esq.: What where you go to get guidance on this, you can go to New York State Department of Labor reach out to someone like myself and employment law attorney etc, but we're talking a little bit about.

00:37:52.770 --> 00:38:09.870 Eric Sarver, Esq.: Say P leave rules in a minute, but I want to cover one of the issue, which is the President bind recent additions to the coven 19 MAC vaccination mandates for employers alright so some backdrop, is that the Federal government's been trying to pressure.

00:38:12.030 --> 00:38:18.990 Eric Sarver, Esq.: really push people to get the vaccine right I pressure the wrong word they're trying to really thinking get encourage people to get vaccinated.

00:38:19.350 --> 00:38:32.640 Eric Sarver, Esq.: And they see the important to that for building herd immunity for coming the virus so forth, and so, for a while the government was saying to its own federal workers that if you're a federal employee or federal contractor.

00:38:33.750 --> 00:38:41.130 Eric Sarver, Esq.: You have to either get the vaccine for coven 19 or get submit to weekly testing right Okay, so now.

00:38:42.030 --> 00:38:51.480 Eric Sarver, Esq.: The government saying if you're a federal employee, you have to get the vaccine right you can't just rely on the weekly testing aspect of Helga with the colby test PCR be negative and we're good to go.

00:38:52.110 --> 00:38:57.930 Eric Sarver, Esq.: I think the government's considering the fact that new variants coming up that are much more transmissible and can spread more quickly.

00:38:58.200 --> 00:39:12.990 Eric Sarver, Esq.: And so, a test might not show somebody might catch that the virus rather after they got their their covert 18 tests, which is negative so basically now the government saying, I know that of branch out and tackle this issue that's been affecting private employers right.

00:39:14.250 --> 00:39:22.290 Eric Sarver, Esq.: Some from private employer that you hate this somewhat private employers actually suing by the administration, because they say hey it's my private business I don't want.

00:39:22.800 --> 00:39:39.390 Eric Sarver, Esq.: you to tell me what to do, I don't want you to tell me that I have to have a vaccine requirement or a negative PCR tests if you're a private business for a company with 100 employees or more right, and so, basically, the Federal Government.

00:39:40.650 --> 00:39:48.270 Eric Sarver, Esq.: President by initiative executive order and also work with ocean, remember that osha's that federal agency that deals with occupational health and safety.

00:39:48.840 --> 00:39:56.010 Eric Sarver, Esq.: And so now, this will be present by and throw kenosha I want you to issue this emergency temporary standard is this is this an issue a rule.

00:39:56.400 --> 00:40:08.490 Eric Sarver, Esq.: That says that an employer with 100 or more employees has to require that the employees are either get the vaccine if they're coming into work or weekly PCR covert tests.

00:40:09.570 --> 00:40:16.920 Eric Sarver, Esq.: And there can be some healthy right if you don't follow that to be $14,000 per violation that can be penalties per employee as well.

00:40:17.280 --> 00:40:23.280 Eric Sarver, Esq.: So it's important to know what to do if you're a business and saying you're requiring vaccine.

00:40:23.940 --> 00:40:30.660 Eric Sarver, Esq.: So you can you can require employees to get the vaccine, you can require them to alternately get with the covert 19 tests.

00:40:31.110 --> 00:40:44.760 Eric Sarver, Esq.: And the same rule they mentioned before, apply about exceptions right employees that come to you right you're working comes to you and says, I can't get the vaccine i'm pregnant I don't want to take a chance of this might.

00:40:45.210 --> 00:40:53.790 Eric Sarver, Esq.: cause a competition my pregnancy or i'm disabled and the vaccine would work for me, or it could even hurt me right, because of my my condition.

00:40:55.140 --> 00:41:00.720 Eric Sarver, Esq.: or I have religious objection I can't get the vaccine same rules apply right, you have the company looked at several factors.

00:41:01.110 --> 00:41:14.100 Eric Sarver, Esq.: You say, can they do their job with some accommodation, a change of location change of hours more protective gear and maybe a double mask and official they be some gloves.

00:41:14.610 --> 00:41:22.050 Eric Sarver, Esq.: So physical social distancing and if the person can see if they do their job right, you know the work done meet their job duties.

00:41:22.560 --> 00:41:32.460 Eric Sarver, Esq.: And it was not going to cost us a fortune not going to break the bank right how much would it cost you to get them a couple extra masks maybe and the face shield and some login or hand sanitizer not a lot.

00:41:33.600 --> 00:41:41.550 Eric Sarver, Esq.: If again if they're let's say keeping records and keeping books what's the harm, through them, we have to do it from home probably not a whole big difference.

00:41:41.970 --> 00:41:51.990 Eric Sarver, Esq.: But if they're seeing client side in prison if you run a right, besides that I could puncture location practice rather and you can't have acupuncture is it you know.

00:41:52.500 --> 00:41:59.700 Eric Sarver, Esq.: doing anything off the zoom you can maybe prep say that i'm sorry I can't go into that accommodation, if you want to try.

00:42:00.060 --> 00:42:10.350 Eric Sarver, Esq.: Some other position at this company or different hours, maybe we can work that out, so the key is to know that you as an employer now, not only is that you can not only are you allowed.

00:42:10.950 --> 00:42:21.840 Eric Sarver, Esq.: To to ask for your workers get back to it, but you have to either have that policy or have mandatory code 19 tests so something is important to know.

00:42:24.120 --> 00:42:29.310 Eric Sarver, Esq.: Some questions i've gotten around this include a great what happens if an employer.

00:42:30.240 --> 00:42:37.650 Eric Sarver, Esq.: gets a request from someone who just says generally I don't want to get the vaccine But what if they don't point to any of those categories, I talked about.

00:42:38.070 --> 00:42:43.680 Eric Sarver, Esq.: What if it's not no it's not a religious objection right person coming to you is you know it's a.

00:42:44.400 --> 00:42:53.310 Eric Sarver, Esq.: Well renowned you know agnostic atheist has zero spiritual ties or connections and at that point known they're not saying that's the issue.

00:42:53.670 --> 00:43:01.890 Eric Sarver, Esq.: They don't want to get the vaccine they're not setting a disability and then and then are pregnant right maybe it's a 35 year old male employee and then i'm married is not addition to the wife.

00:43:02.340 --> 00:43:09.720 Eric Sarver, Esq.: is pregnant getting the illness, what do you do, then right person says, I don't want to do this, I don't want to get this vaccine, but I can still do my job.

00:43:10.890 --> 00:43:18.150 Eric Sarver, Esq.: Or, I can still do my job, from a say another location or if you give me extra PPT protective gear right P, p.

00:43:19.470 --> 00:43:34.710 Eric Sarver, Esq.: Well here's where it gets tricky under the law you're not required to accommodate just more generalized fears around coffin at right whether it's a generalizing fear around the around the the vaccine.

00:43:36.330 --> 00:43:45.900 Eric Sarver, Esq.: sort of along the lines of your you run a restaurant, you want to shop it you want an office he run a marketing firm Whatever the case may be, you get your team back in the office three days a week.

00:43:46.380 --> 00:43:53.250 Eric Sarver, Esq.: You can have St john or Sally you don't want they don't want to get the vaccine and they just say you know I really learned a lot of news on Twitter.

00:43:53.580 --> 00:43:59.970 Eric Sarver, Esq.: And are afraid that you know the government could be tracking me with this thing or you know my my cousin my.

00:44:00.630 --> 00:44:20.100 Eric Sarver, Esq.: My my friend had a cousin in Trinidad new had some bad reactions I don't want that to happen, to me, you know if this was one generalizing sears and then you're not required to know to accommodate that, by way of remote work or a different shift, but be careful, though, because.

00:44:21.180 --> 00:44:29.490 Eric Sarver, Esq.: Be careful in terms of what your employee is asking what what the reason they're giving us for not getting the vaccine right for coming to work without the vaccine.

00:44:30.000 --> 00:44:39.390 Eric Sarver, Esq.: And because sometimes an employee can say to you look, I have a lot of anxiety out this Cobra 19 maxine I don't want to get it, but I want to keep my job, you know I don't want you to fire me.

00:44:40.470 --> 00:44:47.370 Eric Sarver, Esq.: Well i'm a lot of anxiety can be a generalized fear or just a tension or stress and many of us have around coven 19.

00:44:48.300 --> 00:44:57.150 Eric Sarver, Esq.: or it could be a very bonafide disability right they could have a severe anxiety disorder and it's manifesting around their fear of getting the coven vaccine.

00:44:57.510 --> 00:45:05.220 Eric Sarver, Esq.: or they could have ptsd related to the coven 19 a pandemic, so is important if you're an employer right.

00:45:05.790 --> 00:45:10.110 Eric Sarver, Esq.: you're not supposed to place like high energy place the college's that's not the goal the the article here.

00:45:10.500 --> 00:45:18.660 Eric Sarver, Esq.: The takeaway is that you know if your employees are objecting to getting the vaccines and they asked for an accommodation and you have more than 100 employees.

00:45:19.500 --> 00:45:26.970 Eric Sarver, Esq.: You want to be very careful when it's about teasing out what is there reason haven't put their reason in writing to.

00:45:27.480 --> 00:45:35.340 Eric Sarver, Esq.: take it back to the employment lawyers, how to analyze it and again generalized fears don't need a combination, but a fear that today to anxiety disorder.

00:45:35.790 --> 00:45:44.820 Eric Sarver, Esq.: It just might so just really communicate with employees and talk to them document issues unethical key takeaway from the second section sentence.

00:45:46.740 --> 00:46:05.250 Eric Sarver, Esq.: Oh right and I will skip a little bit because time flies when i'm you know with a guessing for a here by myself, on my own giving this presentation to my audience tonight and we'll talk about this issue of workers compensation, like the liability.

00:46:07.050 --> 00:46:13.200 Eric Sarver, Esq.: And it's a very interesting point you know I think a lot of companies know you run a business, you have workers, you have hired w two employees.

00:46:13.620 --> 00:46:19.710 Eric Sarver, Esq.: Right, you get a workers compensation policy, and you know it covers or injuries, they get hurt on the job.

00:46:20.190 --> 00:46:30.990 Eric Sarver, Esq.: And that can be you know its construction company or a physical Labor job with their injuries or could be, you know the secretary get the paper cut or slips and falls in the office, and you know factors or ankle.

00:46:32.100 --> 00:46:37.710 Eric Sarver, Esq.: or gets heard in some other way on the job workers compensation will cover that claim so.

00:46:38.250 --> 00:46:45.240 Eric Sarver, Esq.: A lot of companies that are familiar with workers compensation, but the question is well, what happens if you have remote workers during coven 19.

00:46:45.840 --> 00:46:59.970 Eric Sarver, Esq.: And they're working remotely and they get injured at their home at the Home Office who has to pay stick around i'm going to answer that question in the moment right here on employment law today on talk radio nyc be right back.

00:49:03.900 --> 00:49:13.410 Eric Sarver, Esq.: Welcome back to implement a lot today all right i'm Eric sovereign, so the host of the show and here on talk radio nyc every Tuesday evening at 5pm.

00:49:13.890 --> 00:49:18.930 Eric Sarver, Esq.: i'm also an employment law and business lottery and so i'm talking tonight about our topic which is.

00:49:19.470 --> 00:49:28.830 Eric Sarver, Esq.: covert considerations for employers what you need to know about everything from mass mandate in the workplace and vaccination requirements.

00:49:29.340 --> 00:49:37.050 Eric Sarver, Esq.: to your rights as an employer when it comes to letting people go we're talking about safety protocols that you have to follow.

00:49:37.860 --> 00:49:47.610 Eric Sarver, Esq.: Things like the New York hero active require certain safety plans for preventing the spread of open it in the workplace and basically issues along those lines so.

00:49:48.840 --> 00:49:58.530 Eric Sarver, Esq.: One of our viewers wrote in United find my question here about workers compensation, but whether or not an employee who's working remotely.

00:49:59.430 --> 00:50:10.320 Eric Sarver, Esq.: or who gets coven 19 can be auto workers compensation benefits so let's break this down to two questions, one question you are an employer.

00:50:11.100 --> 00:50:16.470 Eric Sarver, Esq.: The inelastic year and a half you've had all your employees remote because of this terrible virus.

00:50:17.310 --> 00:50:25.320 Eric Sarver, Esq.: you've been holding meetings on zoom you've been holding meetings on Google chat and webex and etc, and you decide to keep your work with you mode.

00:50:25.980 --> 00:50:34.080 Eric Sarver, Esq.: Or maybe a hybrid mode partner in person, so when i'm playing is injured right maybe they tripped over some computer where I think in broke their arm.

00:50:34.560 --> 00:50:43.770 Eric Sarver, Esq.: And maybe doing their own apartment it down and Chelsea that on your office, maybe they're in their home What should our they entitled to collect workers compensation from your company.

00:50:44.760 --> 00:50:54.660 Eric Sarver, Esq.: And i've heard some different people guess on this and surprisingly answer, the answer is actually it could be yes, but some caveats so let's just start with workers compensation again.

00:50:56.250 --> 00:51:05.100 Eric Sarver, Esq.: You know, because one of the few states that requires you as an employer to obtain workers compensation insurance again to cover your work is if they get hurt injured on the job.

00:51:05.820 --> 00:51:16.170 Eric Sarver, Esq.: Right, so that includes say safety issues where an employee might catch a certain illness, where they caught it on the job, and they can prove that.

00:51:17.640 --> 00:51:26.760 Eric Sarver, Esq.: Which i'll get to in a moment, but again workers compensation, it covers injury and then actually spirituals and employment very expensive litigation possibly from negligence lawsuits.

00:51:27.150 --> 00:51:35.250 Eric Sarver, Esq.: Because you basically paid for parts of the salary and not, for all the pain and suffering any attorneys fees and so forth, or a court case.

00:51:36.030 --> 00:51:47.820 Eric Sarver, Esq.: But if you're an employer and you were having employees working remotely if you're required them to be remote during the pandemic, then the way the wallets that it is as this.

00:51:48.870 --> 00:51:55.680 Eric Sarver, Esq.: Their whole work from home is a de facto office it's like an unofficial office setting right.

00:51:56.040 --> 00:52:00.120 Eric Sarver, Esq.: And it's news here's the thing before Calvin if you have an employee, maybe decided.

00:52:00.450 --> 00:52:06.870 Eric Sarver, Esq.: hey I live out in Suffolk county and they come in twice and then work from home once, twice a week and that's Okay, and you said okay short time that's fine.

00:52:07.200 --> 00:52:15.780 Eric Sarver, Esq.: or Okay, there you can come in, you know Monday to Thursday work on Friday, we can we can swing that that person would have been working from home and trip over a wire.

00:52:16.230 --> 00:52:26.700 Eric Sarver, Esq.: On their computer and break their arm arguably it's like not on you as the employer, because you didn't have for some simple Home Office, they could have come in, they asked to go to work Mon.

00:52:27.120 --> 00:52:33.570 Eric Sarver, Esq.: But if you're forcing them to work from home and maybe they have to get certain equipment, maybe they have to be around certain cables and wires.

00:52:33.810 --> 00:52:39.570 Eric Sarver, Esq.: to connect to the Internet more quickly, maybe they need a certain microphone for zoom calls with wires around.

00:52:39.870 --> 00:52:49.740 Eric Sarver, Esq.: Maybe they just need to be home or often then you're creating a certain a workplace which which they're at so if your employee gets if you get a call they broke their shoulder at home.

00:52:50.190 --> 00:53:03.750 Eric Sarver, Esq.: Again, still the same issues of proof re proving that it happened on the job, not when they came in from a party at 1am right if they you know they had a police report that went to the hospital 1am on a Friday night and broke the shoulder.

00:53:04.590 --> 00:53:16.410 Eric Sarver, Esq.: They probably weren't doing work for you on the clock, especially if they're working in say financing or architectural law so it's tough to prove it, they got the injury on the job, while, while the course of work.

00:53:17.640 --> 00:53:21.420 Eric Sarver, Esq.: And didn't get it taking a break walking outside down the streets or riding the bicycle.

00:53:22.380 --> 00:53:32.880 Eric Sarver, Esq.: But the issue with coven 18 is that the challenge in terms of causation right if somebody hurts themselves, either at your workplace or remotely in the case of the pandemic.

00:53:33.510 --> 00:53:36.870 Eric Sarver, Esq.: If they get hurt usually the cause and effect so let's go back to the question of.

00:53:37.410 --> 00:53:45.900 Eric Sarver, Esq.: let's say you have your workers like back in the office hours back in the plant back in the restaurant supposed to cope 19 outbreak breaking happens and they catch coven 18.

00:53:46.650 --> 00:53:54.480 Eric Sarver, Esq.: Is that a workplace injury and if it is, it can they see you and the workers compensation laws and the the courts have been showing that.

00:53:55.020 --> 00:54:10.110 Eric Sarver, Esq.: Finding that in fact they actually that the the employees can fall workers compensation claims this have to prove that they got me the sickness the coordinating illness from work from your office from your plan from the factory wherever they're.

00:54:11.130 --> 00:54:19.230 Eric Sarver, Esq.: Located but it's it creates a challenge of causation because we all know, this is a highly contagious highly infectious disease.

00:54:19.650 --> 00:54:28.800 Eric Sarver, Esq.: And it's not as clear cut let's say if someone's working to your office you know or carrying heavy boxes, to the common June when they trip and they heard the back.

00:54:29.280 --> 00:54:35.250 Eric Sarver, Esq.: or they say they're working with in a kitchen to get burned on the grill right so it's causation remains an issue.

00:54:35.700 --> 00:54:42.390 Eric Sarver, Esq.: But you could be liable for someone catching Cobra 19 In fact there been some court cases where people got very, very sick and died.

00:54:42.840 --> 00:54:52.320 Eric Sarver, Esq.: And the company didn't have a safety plan and how and follow a certain standard of care that can be even a wrongful death suit so my takeaway here folks that.

00:54:53.040 --> 00:55:04.470 Eric Sarver, Esq.: know that you may have to have workers compensation policies for your remote workers if you're requiring them to be remote and with this fire as again if the delta Marion kicks up.

00:55:04.920 --> 00:55:16.860 Eric Sarver, Esq.: If there's a mandatory that save water from the state or the city or the government that people have to be working remotely if you as a company have anything that you should have workers compensation policy updated to cover that.

00:55:19.140 --> 00:55:25.500 Eric Sarver, Esq.: it's an interesting issue too, because it dovetails nicely into re the safety protocols like, then you keep under OSHA.

00:55:25.860 --> 00:55:36.210 Eric Sarver, Esq.: Where the federal guidelines to say hey you have to have safe workplace So if you want to help prevent the outbreak one takeaway is to follow the safety guidance from the CDC and OSHA and.

00:55:36.870 --> 00:55:43.320 Eric Sarver, Esq.: defend their your state local health officials, all things like that you can take a look at if you're an employer.

00:55:44.490 --> 00:55:48.810 Eric Sarver, Esq.: So takeaways here again, that you have liability if you're an employer.

00:55:50.010 --> 00:56:01.020 Eric Sarver, Esq.: keep in mind that remote workers are still remote employees employees right they don't suddenly become freelancer independent contractors and just because they're working in different location.

00:56:02.160 --> 00:56:08.730 Eric Sarver, Esq.: If they're the same hours if they only work for you, if they have to work 40 hours a week, if you train them provide them in the laptop and then.

00:56:09.030 --> 00:56:16.050 Eric Sarver, Esq.: You may still very well keep in mind, you might start employees and not necessarily freelancers, I see a lot of companies making mistakes and epidemic.

00:56:16.620 --> 00:56:26.010 Eric Sarver, Esq.: and have their workers, doing the exact same duties and tasks and jobs and they're under the same tight scrutiny and the following the office in the employers rules and regulations.

00:56:26.430 --> 00:56:34.920 Eric Sarver, Esq.: But they're working remotely and so employers to say okay now you're a freelancer I can pay you 1099 that's not the case so.

00:56:35.970 --> 00:56:44.250 Eric Sarver, Esq.: Think so important takeaways here once again is that liability as an employer, you know can be significant with this fire So if you have.

00:56:44.670 --> 00:56:56.040 Eric Sarver, Esq.: Questions around your employer your renters are your employees coming back to the office coming back to the plan, make sure you talk to an employment law attorney and someone like myself, but you don't need a sweater wouldn't require you to do.

00:56:58.110 --> 00:57:05.550 Eric Sarver, Esq.: So we're talking about liability talking about state mandates for mask and vaccinations talking about what you as an employer can do.

00:57:07.230 --> 00:57:16.500 Eric Sarver, Esq.: We talked about the hero act and safety protocol for having a plan to in the in the workplace to protect your work ethic from from infectious diseases.

00:57:17.340 --> 00:57:34.020 Eric Sarver, Esq.: Cover maybe a few take a look at the end of the show now, what can you take away and as an employer where's the person best practices, even with respect to cover 19 so i'm going to read them off to you or just sort of rattle them off of the name.

00:57:35.640 --> 00:57:40.530 Eric Sarver, Esq.: I think one important takeaway from today's show one code and covert consideration for employers.

00:57:41.700 --> 00:57:54.540 Eric Sarver, Esq.: If you want to reduce your risk of liability for cover 19 the folks you really want to follow, or even exceed certain CDC standards for things like hygiene and safety sanitation, health.

00:57:55.350 --> 00:58:06.180 Eric Sarver, Esq.: get a get a look at the CDC standards and go look at the industry standards, you also want to make sure that you follow OSHA and then in New York state procedures workplace safety as well.

00:58:07.290 --> 00:58:15.660 Eric Sarver, Esq.: You want to make sure you follow all the rules with employees in the workplace around things like social distancing you know or switching to mobile Apps for orders or.

00:58:16.140 --> 00:58:22.800 Eric Sarver, Esq.: Having hand sanitizing stations right you want to educate employees about prevention and safe practices.

00:58:23.280 --> 00:58:30.240 Eric Sarver, Esq.: And you want to display warning signs of customers to follow CDC guidelines and have warnings to how to handle let's say.

00:58:31.020 --> 00:58:38.220 Eric Sarver, Esq.: Hostile customers who won't take your direction around wearing a mask or you as an employer also want to develop certain.

00:58:38.640 --> 00:58:51.450 Eric Sarver, Esq.: Policies around either a mass mandate or a covert 19 vaccination mandy and you want to make sure that you're keeping any request for accommodations based on disability very.

00:58:52.560 --> 00:59:04.890 Eric Sarver, Esq.: Very confidential very private right that you're not disclosing if somebody catches coven 18 you don't want to tell the rest of the workforce hey john de coven so everyone stay home and get tested.

00:59:05.460 --> 00:59:11.160 Eric Sarver, Esq.: You can say an employee has been diagnosed coven 18 but you don't want to reveal some of the private medical information.

00:59:11.610 --> 00:59:22.500 Eric Sarver, Esq.: And these are the mistakes i've seen employees make you know they told their their customers other employees hey Susan got sick a coven 19 so we're all not gonna come in next week so just some things to keep in mind.

00:59:23.940 --> 00:59:28.410 Eric Sarver, Esq.: You know I think like you know, again I think tonight's show is not meant to you know give you.

00:59:29.370 --> 00:59:39.540 Eric Sarver, Esq.: a table to memorizing of all the different rules and effect, I can remember all these rules, and I do this every day I need to read research and go back and look at guidance.

00:59:40.260 --> 00:59:47.880 Eric Sarver, Esq.: it's really meant to just to keep you in the loop to know to understand as an employer, that the main coven issues i'm, seeing as employment law attorney are.

00:59:48.390 --> 00:59:53.940 Eric Sarver, Esq.: Questions around what you can require your employees to do questions around what you have to do in terms of.

00:59:54.540 --> 01:00:05.820 Eric Sarver, Esq.: hiring people that or making combination based on disability and so forth, so and also, you have to keep in mind that you might have certain requirements in the workers compensation.

01:00:06.300 --> 01:00:12.570 Eric Sarver, Esq.: So I hope that covers a hot topic of the day, I have about 3040 seconds left in the show tonight and i'll say.

01:00:13.140 --> 01:00:19.890 Eric Sarver, Esq.: I so enjoyed doing the show every week my listeners, I hope you got something from this, if you have any questions you can reach me there and solder.

01:00:20.610 --> 01:00:27.000 Eric Sarver, Esq.: attorney at the law offices of Eric and sovereign, am I, you know address is E m s that's Eric Mitchell sovereign.

01:00:27.420 --> 01:00:44.490 Eric Sarver, Esq.: EMF at solver law firm COM s ar and vr la w firm COM, or you can call me at 917930868 for can also reach my website www that solver.

01:00:44.880 --> 01:00:58.620 Eric Sarver, Esq.: s as in Sam ar V, as in Victor er hyphen law COM and i'm happy to answer your questions and next week join me for another fascinating guests here on a planet lot today Thank you all have a good have a great evening.

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