Question 1. May an employer (click here) send home an employee involuntarily who has or is exhibiting symptoms of COVID-19?
Answer 1. Yes. In response to the current COVID-19 outbreak, the Equal Employment Opportunity Commission has cited its 2009 pandemic H1N1 flu guidance, which states that advising workers with symptoms to go home either (a) is not a disability-related action if the illness is akin to seasonal influenza or (b) is permitted under the Americans with Disabilities Act (ADA) if the illness is serious enough to pose a direct threat to the employee or coworkers. Further, the Centers for Disease Control and Prevention’s (CDC) guidance advises that employees with symptoms of acute respiratory illness and a fever (greater than 100.4 degrees Fahrenheit or 37.8 degrees Celsius, using an oral thermometer) should stay home. Of course, employers should apply this type of policy uniformly and in a manner that does not discriminate based on any protected characteristic (e.g., national origin, gender, race, etc.)....
The only people Donald John Trump or any other of his morons can demand to accept life-threatening danger in their jobs is the USA military.
...Q4. When may an employee who was sent home for exhibiting symptoms (subjective or measured fever, cough, difficulty breathing) return to work?
A4. The CDC has indicated that in general business settings (i.e., non-healthcare settings where individuals in the workplace are not at a greater risk of contracting COVID-19), employees may return to work at least 24 hours after no longer having or exhibiting (a) a fever (defined by the CDC as a temperature greater than 100.4º F or 37.8º C), (b) signs of a fever [what the CDC means is unclear], and (c) any other symptoms, without the aid of fever-reducing medicines (e.g., anything containing ibuprofen or acetaminophen) or other symptom-masking medicines (e.g., cough suppressants).
The return-to-work standards and time periods may be different for an individual with a confirmed COVID-19 diagnosis. Employers should consult the CDC’s and other public health authorities’ guidance.
Employers considering implementation of policies beyond the CDC’s guidance (e.g., a longer “return to work” time period) should consider the basis for those and consult with legal counsel.
An employer may want to meet with any returning employees to remind them to practice good respiratory etiquette and hand hygiene, avoid close contact with individuals who appear to be sick, and stay home if they begin to feel sick, for the health and safety of those employees and their coworkers, as well as the continued operations of the employer....
Any person being threatened by their governor to report to work or else is violating the law. The law they are violating is harassment. There are also issues of terroristic threats when anyone is threatening another USA citizen with harm in any manner.
Harassment (click here) is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA).
Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive....
Run, do not walk, to the nearest attorneys that can uphold the integrity of a person to a right to work IN SAFETY and NOT IN DANGER of contracting the SARS-CoV-2 virus!
Many people believe (click here) that because Iowa is an at-will state, employees have no rights and can be terminated for any reason at all. Luckily, this is not true. With experience handling all types of employment law cases, we at Higgins Law Firm, PLLC, understand that it’s essential to combine education with strong representation....
My understanding of the meat processing plants that Trump is using to carry out his ego-driven dictatorship is not providing N-95 masks, a separate residence for their employees from their family to ensure they are not bringing SARS-CoV-2 virus to their spouses, roommates or children.
There is an order Trump used to compel the meat processing plants to produce meat regardless of the dangers of the virus and/or orders of the CDC. That does not mean the employees are compelled to compromise their safety or that of their families to carry out the employer's responsibility. This is a virus that has already killed workers in meat processing plants.
Meat Processing Plants may have to purchase meat from other countries to fulfill Trump's demand.
While Trump is compelling the meat processing plants to provide food to the American people, there is no clear definition that employees under threat by dangerous working conditions have to meet the need of their employers.
Rosie the Riveter never faced death on the job.
The only people Donald John Trump or any other of his morons can demand to accept life-threatening danger in their jobs is the USA military.
...Q4. When may an employee who was sent home for exhibiting symptoms (subjective or measured fever, cough, difficulty breathing) return to work?
A4. The CDC has indicated that in general business settings (i.e., non-healthcare settings where individuals in the workplace are not at a greater risk of contracting COVID-19), employees may return to work at least 24 hours after no longer having or exhibiting (a) a fever (defined by the CDC as a temperature greater than 100.4º F or 37.8º C), (b) signs of a fever [what the CDC means is unclear], and (c) any other symptoms, without the aid of fever-reducing medicines (e.g., anything containing ibuprofen or acetaminophen) or other symptom-masking medicines (e.g., cough suppressants).
The return-to-work standards and time periods may be different for an individual with a confirmed COVID-19 diagnosis. Employers should consult the CDC’s and other public health authorities’ guidance.
Employers considering implementation of policies beyond the CDC’s guidance (e.g., a longer “return to work” time period) should consider the basis for those and consult with legal counsel.
An employer may want to meet with any returning employees to remind them to practice good respiratory etiquette and hand hygiene, avoid close contact with individuals who appear to be sick, and stay home if they begin to feel sick, for the health and safety of those employees and their coworkers, as well as the continued operations of the employer....
Any person being threatened by their governor to report to work or else is violating the law. The law they are violating is harassment. There are also issues of terroristic threats when anyone is threatening another USA citizen with harm in any manner.
Harassment (click here) is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA).
Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive....
Run, do not walk, to the nearest attorneys that can uphold the integrity of a person to a right to work IN SAFETY and NOT IN DANGER of contracting the SARS-CoV-2 virus!
Many people believe (click here) that because Iowa is an at-will state, employees have no rights and can be terminated for any reason at all. Luckily, this is not true. With experience handling all types of employment law cases, we at Higgins Law Firm, PLLC, understand that it’s essential to combine education with strong representation....
My understanding of the meat processing plants that Trump is using to carry out his ego-driven dictatorship is not providing N-95 masks, a separate residence for their employees from their family to ensure they are not bringing SARS-CoV-2 virus to their spouses, roommates or children.
There is an order Trump used to compel the meat processing plants to produce meat regardless of the dangers of the virus and/or orders of the CDC. That does not mean the employees are compelled to compromise their safety or that of their families to carry out the employer's responsibility. This is a virus that has already killed workers in meat processing plants.
Meat Processing Plants may have to purchase meat from other countries to fulfill Trump's demand.While Trump is compelling the meat processing plants to provide food to the American people, there is no clear definition that employees under threat by dangerous working conditions have to meet the need of their employers.
Rosie the Riveter never faced death on the job.
