Robert Lian Quoted in Law360 on Labor and Employment Litigation to Watch for Post-Pandemic

Law360 has quoted Akin Gump labor and employment practice head Robert Lian in the article “5 Types Of Suits Employers Are Bracing For Post-Pandemic.” The article reports on what could be in the offing for employers with regard to litigation following the coronavirus pandemic.

One area to watch, Lian said, pertains to timekeeping challenges if employees are forced to take certain measures before clocking in once they return to physical work. Wage laws, he pointed out, generally put businesses on the hook for any time workers spend under their control, which may mean paying workers while they wait for temperature checks or clean personal protective equipment. “You could see situations in which employees might be alleging that this is tantamount to control,” Lian said.

Employers could face additional litigation to the extent that unsafe working conditions are to blame for employees getting sick, according to Lian. He said it is likely the Department of Labor’s Occupational Safety and Health Administration will account for the bulk of the claims that are filed.

Lian said to look for potential litigation related to worker notification prior to layoffs. “There were so many companies that had to downsize so quickly, and I suspect that it was hard for employers across the board to comply with the WARN Act” and its state equivalents, he said, though not all sudden layoffs violate the law.

Lian also noted that businesses that transitioned their operations online may have a hard time refusing requests to work from home for those more susceptible to the virus. “I think it’s going to be harder for employers to say working from home is not a reasonable accommodation,” he said.