Survey Finds In-House Counsel Concerned About Liabilities Associated With COVID-19
"The wave of COVID-19 litigation has begun in haste and poses a real threat to employers, most of whom are already grappling with the economic fallout from this pandemic," Michael Lotito, co-chairman of Littler Mendelson's workplace policy institute in San Francisco, said in the report issued by the firm Tuesday.
June 02, 2020 at 09:22 AM
3 minute read
The original version of this story was published on Corporate Counsel
Seventy-one percent of in-house counsel indicated they are concerned about the liabilities their companies face when bringing employees back to work during the new coronavirus pandemic, according to the COVID-19 Return to Work Survey published by Littler Mendelson on Tuesday.
"The wave of COVID-19 litigation has begun in haste and poses a real threat to employers, most of whom are already grappling with the economic fallout from this pandemic," Michael Lotito, shareholder and co-chairman of Littler's workplace policy institute in San Francisco, said in the report.
Alka Ramchandani-Raj, of counsel at Littler in Walnut Creek said in an interview on Monday that she was not surprised that in-house counsel believe litigation and complaints against employers will arise once the pandemic is over.
"We don't really know what is going to come out from a liability standpoint from COVID-19," Ramchandani-Raj said. "Some cases may be brought with regards to safety violations. There have also been inquiries from plaintiffs attorneys on WARN Act requirements."
Of the in-house counsel surveyed, 68% believe there will be an uptick in leave of absence entitlements and 59% of in-house counsel surveyed believe there will be an uptick in unsafe-workplace-condition complaints.
Ramchandani-Raj also said employers with essential workers may see a rise in workers' compensation claims. She said for many states there is a presumption that if an employee becomes sick, then it is work-related.
The best defense for the variety of claims that may arise once the pandemic ends is to pay attention to the various orders coming from state and local government and comply with those orders if feasible.
"Ignorance is not bliss right now," Ramchandani-Raj said. "Employers should know what's out there."
"In the face of so much uncertainty, legislative safeguards and clear guidance from federal and state agencies are important in providing employers with sufficient confidence to reopen their workplaces—and to do so in compliance with the law," Lotito said in the report.
According to the report, 44% of the respondents anticipate bringing employees back to work in the next one to three months. Thirty-four percent of respondents anticipate bringing employees back within the next month. Of the more than 1,000 executives surveyed, about 20%
"Even if the government gives employers the green light to bring employees back, they [state and local governments] are giving employers a lot of instructions. To come into compliance will take time," Ramchandani-Raj said.
Some of the regulations required for employers to open back up will include social distancing and keeping employees six feet apart at all times and to minimize locations in an office where employees are close together.
Of the number of professionals, 1,010 responded to the firm's survey. The respondents included 59% of human resource professionals, 31% of general counsel and in-house counsel, and 10% of C-suite executives. The question over litigation was only asked to in-house counsel.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllContract Software Unicorn Ironclad Hires Former Pinterest Lawyer as GC
2 minute readSouthern California Law Firms Boast Industry-Leading Revenue, Demand Through Q3
Gibson Dunn Sued By Crypto Client After Lateral Hire Causes Conflict of Interest
Law Firms Mentioned
Trending Stories
- 1Gibson Dunn Sued By Crypto Client After Lateral Hire Causes Conflict of Interest
- 2Trump's Solicitor General Expected to 'Flip' Prelogar's Positions at Supreme Court
- 3Pharmacy Lawyers See Promise in NY Regulator's Curbs on PBM Industry
- 4Outgoing USPTO Director Kathi Vidal: ‘We All Want the Country to Be in a Better Place’
- 5Supreme Court Will Review Constitutionality Of FCC's Universal Service Fund
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250