Entering the year 2020, none of us would have predicted, or envisioned, the effects that the COVID-19 pandemic would have on our lives, health, families and workplaces. As the year began, the disability practice of law was already cluttered with laws that often overlaid, and sometimes collided, with each other. Employees and employers were required to consider and navigate the FMLA, the ADA, OSHA, short- and long-term disability, workers’ compensation requirements, employers’ leave policies and applicable union collective bargaining agreements.
When the virus burst onto the scene, Congress, state and local governments, and agencies rushed to respond with new laws and regulations, which were supplemented by guidelines and FAQ sheets, and are subject to ongoing interpretation. Initially the emphasis was on what were considered to be essential and nonessential businesses and employees, dealing with employees ill or infected by the virus, and testing and measuring requirements and limitations, as well as HIPPA considerations, leave policies, and remote-working applications.
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