Labor and Employment Law
COVID-19 has revealed many fractures in the labor and employment. Just as the world was rocked by its onset, employers, employees and even independent contractors were impacted by the change in business operations. Employers and employees were faced with a new working environment, and for those who could not adapt saw negative consequences. Employers realized that certain accommodations that were needed during the height of the global pandemic were atypical.
With COVID-19, many employers were faced with challenges relating to real or perceived discrimination on religious grounds, ad many also faced staffing challenges that implicated the Fair Labor Standards Act (“FLSA”). Yet whether due to COVID-19 or the regular day-to-day activities, employers must be prepared to address the challenges in Labor and Employment. Employers must be prepared to address claims of age, national original, sex, race discrimination and the various other areas of discrimination within which one may bring claim.
More importantly, Employers must take steps to ensure they have a work environment that is free from discrimination. Therefore, employers must establish various programs and/or systems that will prevent discriminatory practices, as well as train their employees to avoid the same.
Things have changed throughout the years and both employers and employees must be aware of the change in dynamic. What used to be acceptable in the past may no longer be acceptable.
Employees must be aware of when they are victims of discrimination. What used to be seen as a simple offense remark may be pretext for discrimination. When faced with discriminatory practices, employees must follow the employer’s policy and promptly report instances of discrimination.
There are time considerations for any discrimination claim, therefore employees must be sensitive to this fact, and discuss whether they wish to pursue a labor and employment claim.
Although certain discriminatory actions may be time-barred, employers must be aware that they could receive negative media attention for acts which occurred outside the applicable statute of limitations.
Contact APL for training as to how discriminatory practices and ways to avoid.
Contact us today to discuss your labor and employment legal issue. We will be happy to speak with you!
See our blog post on the timing of bringing an employment case.