The program will start with a quick overview of what will be covered with a slide on the agenda and a quick elevator speech of what to expect to be discussed in each part.

HOW TO FIND THE IMPORTANT REGULATIONS AND GUIDELINES:

This part will serve as both an explanation and guide to where to go to get the laws, regulations and guidelines that are of utmost importance and highlight ways to ensure that lawyers stay on top of all of the laws, as they are quickly changing, to make their job easier.

THE INTERSECTION BETWEEN EEOC, OSHA, CDC AND DOL REGULATIONS AND GUIDELINES

I will explain, for example, how the EEOC’s determination that Covid-19 is a direct threat to the workplace, which is necessary to allow employee testing, triggers OSHA regulations. Specific OSHA regulations about PPE and other workplace hazards related to COVID-19 will be highlighted. The interplay between OSHA, CDC and DOL guidelines will be discussed and appropriate links and cites will be provided to give a quick guide to keep on top of the law.

EMPLOYMENT LAWS TO KNOW

In making COVID-19 plans, the ADA, FMLA, FLSA, FFCRA, and COBRA need to be considered. There will be a brief overview of when these laws are triggered, when employee medical testing is allowed, the difference between the EFMLA and FMLA and what reasonable accommodations may be needed and the standard to meet undue hardship (if time allows I will also discuss in the FFCRA exemption standards found in 29 CFR 826.40.

CREATING A SUCCESSFUL BUSINESS REOPENING PLAN

A written plan which unambiguously discusses all procedures that are being put in place provides a clear path to ensuring employee compliance and proper implementation. Areas that need to be considered such as administrative and engineering controls will be discussed and explained, along with health checks, cleaning, PPE use, how to handle a positive COVID-19 interaction, and how and when employees will take leaves and return to work, will be discussed along with where to find guidance from OSHA, CDC and EEOC.

THE NEED FOR TRAINING AND DOCUMENTATION

A great plan needs great implementation. Training employees on the plan is necessary to ensure everyone is on the same page. Different types of training to consider will be discussed, from PPE, cleaning procedures, how to report unsafe work environments, as well as industry specific standards such as food safety and proper PPE usage. Many states require training and a table of where to find each state’s plans will be included. OSHA, EEOC and many states also require documentation proving training or compliance, so the importance of documentation will be discussed along with the requirements of keeping certain documentation protected, such as medical testing under the ADA and HIPAA.

PITFALLS TO AVOID

While enforcement of laws seems to be irregular over the states and even regional federal areas, they are being enforced. It is important that lawyers accurately inform their clients of potential pitfalls so that they can make informed decisions. Things like letting clients know that one violation of OSHA could cost them 13,494, per person per day (i.e. everyone not wearing a mask would be its own potential violation), will be explained and the link to OSHA’s 2020 fine and penalty schedule will be provided. The damages available for ADA, FMLA or FFCRA violations will also be discussed.

PRESENTER BIO:
Marla A. Linderman is a Past President of the Women Lawyers Association of Michigan at both the State and Washtenaw County levels. She is also a Past President of the Washtenaw Association for Justice, Past President of Washtenaw County’s New Lawyers Section and has served on the Washtenaw County Bar Association Board in various offices. She is currently the Executive Director of the Washtenaw Association for Justice and a Co-Chair of the Federal Bar section of the Washtenaw County Bar Association. Marla also sits on the Executive Board of the Michigan Association for Justice, where she serves on MAJ’s Amicus Committee as Co-Chair of the Employment and Civil Rights Subcommittee and as a Co-Chair of the Membership Committee. Involved in the Federal Bar Association’s Federal Pro Bono Project since its inception, she currently is a Co-Chair.
Ms. Linderman is a frequent speaker on issues relating to employment and business law and is a published author for the Institute of Continuing Legal Education and Michigan Lawyers Weekly. Her Covid-19 Guide to reopening business has been well-received, recognized as the “how-to” guide for lawyers as they guide their clients to successfully reopen their businesses. In 2006, the State Bar of Michigan awarded Ms. Linderman the Regeana Myrick Award and she currently is an elected Representative for the State Bar of Michigan. A fellow of the Michigan State Bar Foundation, she has been named a Leader in the Law, Top 20 Women in the Law and Up and Coming Lawyer by Michigan Lawyers Weekly. Ms. Linderman has been designated a Michigan Super Lawyer since 2009 and as a Top 25 Women Consumer Michigan Super Lawyer since 2013. Ms. Linderman is an established expert in employment and business law and litigation.


Practice Areas:		Employment Law, Healthcare & Pharmaceutical Law

Online Media Type:		Video

Production Date:		07/07/2020

Level:		Intermediate

Category:		Standard

Duration:		1 Hours, 2 Minutes

Online Format:		On Demand

Course Type:		Public

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Speakers:

•	Marla A. Linderman - Executive Director of the Washtenaw Association for Justice


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