Wrongful Death Lawsuit Related to Coronavirus Plagues Safeway

August 27, 2020 by

wrongful death lawsuitWrongful death lawsuit filed against Safeway. Pedro Zuniga was one of 51 employees who contracted COVID-19 while working in a Tracy, California Safeway warehouse in April 2020. After over two decades of employment there, he succumbed to complications of the disease on April 13. He was just 52 years old. His widow has filed a wrongful death lawsuit against Safeway, alleging that her husband would not have died had the company adhered to federal and state safety guidelines and enacted common-sense policies. Instead, the suit claims, Safeway focused on company profits at the expense of employee safety and health. 

Precarious Conditions Alleged 

According to the wrongful death lawsuit, warehouse employees were beginning to exhibit symptoms of COVID-19 in the spring of 2020. Nonetheless, the company did nothing to address the situation: 

  • No personal protective equipment was issued to employees;
  • Signage in the warehouse actually discouraged the wearing of PPE in March;
  • Social distancing was never attempted and workers were obligated to work in close contact with one another;
  • Employees were “deterred” by managers from calling in sick;
  • Workers who experienced symptoms and expressed concerns about working were threatened with the loss of “points,” which could ultimately result in termination.

In fact, the company made efforts to conceal the warehouse outbreak, which affected at least 3% of the 1,700 employees.   

Zuniga’s Situation 

Mr. Zuniga tested positive for coronavirus on April 1, and was hospitalized shortly thereafter with pneumonia, a serious cough, fever, and trembling. In a matter of hours, he was put into an induced coma in the ICU, only to die days later of cardiopulmonary arrest and respiratory failure. 

Safeway Wakes Up 

After Zuniga perished, Safeway apparently woke up to the seriousness of the situation and began to enact appropriate protective measures at the warehouse. Employees began to have their temperatures checked prior to entering the warehouse in Tracy in an attempt to prevent symptomatic employees from spreading the disease. While it is a step in the right direction for current employees, the change in approach does nothing for Zuniga and his widow, children, and grandchildren.   

CDC Guidelines 

The Centers for Disease Control have a number of guidelines for the workplace, including making workplace hazard assessments, conducting health evaluations on a daily basis, encouraging mask wearing, improving ventilation systems, and implementing social distancing protocols.  Furthermore, disinfection strategies should be employed in common areas, and employees should be reminded of appropriate hygiene practices.  Essentially, workers who feel ill should stay home.  [Read more…]

Filed Under: California Labor Law, News, Wrongful Death Tagged With: , ,

Workplace Flexibility Benefits Everyone in the Era of Social Distancing  

June 9, 2020 by

workplace flexibilityA new world of workplace flexibility? Not quite gone are the days of a strict 8-5 work day, but many businesses are seeing the benefits of adapting to the times, and that means retooling expectations for employees in a number of ways. Accommodations can benefit both the employee and the employer, and in some situations, may be essential under state and federal law. In any situation, employers have a responsibility to provide a safe work environment for employees. With real concerns about COVID-19 plaguing Americans, it is important for every company to rethink the way they do business. The failure to do so could result in serious consequences, one of which is an employee lawsuit.

 

The Americans With Disabilities Act

 

The Americans with Disabilities Act (ADA) requires employers to make reasonable accommodations for employees with a qualifying physical or mental impairment that limits their life activities in some way. That being said, the disabled individual must be able to perform what are considered to be essential functions of the job, or those that are basic to the job itself. The ADA regulations apply to any employer with 15 or more workers. The types of accommodations vary, but one that is consistently called out as reasonable is allowing an employee to adjust the work schedule. The truth is, employers often benefit from such accommodations every bit as much as workers do because they get high-quality work from well-qualified employees.

 

Examples of Workplace Flexibility

 

The fact is,flexible work expectation often benefit all parties, regardless of disability.  Particularly as the nation struggles to respond to a pandemic, a number of flexible workplace arrangements may make sense: 

  • Telecommuting: Some positions may lend themselves to telecommuting, allowing employees to work and conference via computer. Potential benefits include the obvious reduction in travel and installation of workplace flexibility accommodations for those with disabilities. Other employees may also enjoy less commuting, less exposure to potentially contagious individuals, and more flexibility generally.
  • Alternate Scheduling: In order to reduce traffic in the workplace, it may be possible to alternate shifts, keeping fewer employees in an area at a time. In the era of social distancing, this may be a key strategy to put more space between workers. It may also benefit employees who prefer alternate shifts in order to accommodate child care or who are dealing with other issues.

Discrete Measures Designed to Protect

 

For service-oriented industries, social distancing gets a little more complicated. Some tips that might be utilized include: 

  • No-visitor policies;
  • Staggering shift work;
  • Pooling workplace tasks to reduce congestion;
  • Adaptations to workplace design;
  • Streamlining procedures.

[Read more…]

Filed Under: Blog, COVID-19, Employment Law Tagged With: , , ,

Unpaid Leave can Lead to a Lawsuit – Coronavirus Update

May 14, 2020 by

unpaid leaveUnpaid leave due to the COVID-19 pandemic is being forced on more Americans than at any other time in our country’s history. As of April 1 of this year, Public Law 116-127, otherwise known as the Families First Coronavirus Response Act, gives workers the right to sue their employers in the event proper leave is not provided. Businesses employing between 50-500 workers must comply with the new law.

Consider These Unpaid Leave Circumstances

Many individuals across California and the United States are not showing up for work for reasons beyond their control:

  • There is a state or local quarantine;
  • They have received notification that they should self-quarantine due to a possible exposure or symptoms of the disease;
  • They have experienced disease symptoms and are seeking medical testing or treatment.

Under these circumstances, workers are entitled to the greater of these three wages:

  • Your regular pay;
  • The federal minimum wage;
  • The state minimum wage.

You can top out at as much as $511 per day during the course of your sick leave.

Furthermore, you may be entitled to two thirds of your normal pay — up to $200 daily — if you are unable to work for the following reasons:

  • You are caring for an individual who must be isolated or quarantined;
  • You are caring for a child who is unable to attend schools due to local closures;
  • You are in another situation similar to these that prevents you from going to work.

How it Works

Sick leave and expanded family and medical leave is calculated as follows:

Part time workers are entitled to the average earnings in a two-week time frame. The average going back six months may be used if an employee’s schedule varies significantly from week to week. These workers are entitled to paid sick leave for two weeks, and may extend the payment period for as many as 10 more weeks under the expanded family and medical leave provisions. In the event employees generally put in overtime hours, those too must be compensated under the Emergency Family and Medical Leave Expansion Act. Under the Emergency Paid Sick Leave Act, however, only hours up to 80 in a two-week period are to be paid. [Read more…]

Filed Under: Blog, COVID-19 Tagged With: , , , ,

Coronavirus Layoffs

April 2, 2020 by

coronavirus layoffsCoronavirus layoffs have hit employees hard. Unfortunately, things look to get worse economically before we turn the corner on this crisis. When employers consider cost-cutting measures, one of the first things they look at is layoffs.  Before making a hard and fast decision on the topic of coronavirus layoffs, there are some important issues employers need to consider. 

Layoff Issues to Consider

First of all, employers need to take a look at how serious the fiscal hit to business is, and take an educated guess regarding how long the financial crisis will last. One key thing employers need to weigh is the difficulties they may face in replacing laid off workers when things turn around and business picks up. This becomes more of a challenge when the skills of workers are more refined and specialized. 

Who Has Been Hit?

Among the hardest hit by coronavirus layoffs are industries whose existence rely on people interacting. Clearly, social distancing gets in the way of those in the hospitality industry. That includes hotels, travel, restaurants, and entertainment, among others, and their bottom lines have been dramatically impacted since the advent of coronavirus. In this situation, the majority of employees do not have unique skill sets or specialized training. Although ramping up the workforce will take some effort when the time is right, finding qualified workers, even in a tight market, will likely not be a significant challenge. Layoffs in these fields, therefore, may not result in critical deficiencies when the economy turns around.

Businesses focused on manufacturing or advertising are generally impacted by any recession, as are those involved in freight and delivery. The current coronavirus layoffs crisis is no exception. Although eliminating these positions will save a company money, recognizing that these are skilled workers means that replacing them in an upturn will put you in competition with others for the best workers. It may be better for employers to look at simply reducing workers’ hours and letting workers’ compensation supplement their income during this downturn.

Alternatives to Coronavirus Layoffs

When tough times hit any business, employers are wise to communicate clearly the concerns of the company and keep employees in the loop as plans are being made. Having clear goals and expressing them openly will benefit everyone involved. In order to avoid layoffs, there are strategies that might be considered to get the business through the rough patch:

  • Sharing the pain: If everyone in the company cuts back, from the janitorial staff to the CEO, it may be possible to limp along for a significant period of time. That way the business can stay intact, and be 100% ready to go when things turn around.
  • Crowdsource ideas: If you open the discussion to workers, a variety of money-saving solutions may evolve as employees buy-in to the notion of saving the business.

[Read more…]

Filed Under: Blog, COVID-19 Tagged With: , ,

Coronavirus Pandemic Shuts Down Commerce

March 30, 2020 by

coronavirus pandemicIf you are a worker who is concerned about making ends meet in the era of the coronavirus pandemic, you are not alone. Nearly 7 million Californians do not have enough money on hand to pay for basic necessities. So, when income is cut off, it puts people in dire straits. 

The Coronavirus Pandemic Cripples the Economy

In just a matter or weeks, once thriving businesses have had to shutter, and entire sectors have closed down. Workers of all stripes are wondering how they will be able to afford food and other necessities, and where the money for their next rent payment will be coming from. And indicators like colossal drops in the stock market, federal reserve municipal bond purchases, and a drop in Treasury yields tell us the financial decline is going to stick around for a while.  Estimates are that jobless claims will skyrocket to 2 million in the coming days and weeks, putting many across the nation in difficult situations.

Who is Primarily at Risk?

Hourly employees generally are at greatest risk of layoffs and losing their jobs, particularly those in the service industry. We have seen employees in hotels and restaurants hit hard by the coronavirus pandemic. Those in manufacturing and retail are finding themselves in the same boat. Often, these workers do not have paid leave or other benefits to help.

Government Pandemic Plan 

The federal government has passed a coronavirus pandemic prompted plan to send Americans cash in the coming weeks. The stimulus package included payments of up to $1,200 to US taxpayers but not everyone will get the entire amount and others, not at all. Federally funded emergency leave has been passed and here in California, the governor also extended the eligibility period for Medi-Cal, welfare, and food stamps by three months.  

For families who have mortgages that are federally backed, evictions and foreclosures have been suspended until May. Governor Newsom also issued an executive order to allow local governments to ban commercial and residential evictions. 

Voluntary Assistance

California’s largest power utilities have voluntarily agreed to protect customers from phone, water, and power shutoffs. Comcast is giving new customers 60 days of free Internet.

Unemployment 

For workers who have had hours cut, unemployment benefits may be available.  Those who have contracted the coronavirus may qualify for disability benefits.

Food

The federal coronavirus pandemic relief is designed to assist mothers and pregnant women, as well as seniors, with funds for groceries and/or home delivered meals. Previously planned cuts to food stamp programs have been halted by a federal judge, allowing able-bodied but unemployed individuals to continue to collect benefits.  In the works during the coronavirus pandemic are plans for bolstered food banks, as well. [Read more…]

Filed Under: Blog, COVID-19 Tagged With: , , ,

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