July 20, 2020
Thomson Reuters Westlaw
In an article published on July 20, 2020 in Thomson Reuters Westlaw, attorneys Michael Bittman and Cory E. Manning discuss two recent court actions that differed in approach over employee-employer disputes regarding COVID-19 workplace conditions. One example is a case where multiple McDonald’s workers in the Chicago area filed OSHA complaints based on unsafe conditions from working in close proximity with each other.
“During the COVID-19 pandemic, workplace standards impact the public in multiple ways, such as controlling spread of the virus, the financial well-being of the employer and its employees, and the economy’s need for the business’s products or services,” write Bittman and Manning. “These combined interests likely outweigh the narrow interests of a single employer and its workforce. In these cases, courts should consider referring the dispute to the appropriate agency or ensuring the appearance of an agency attorney to represent the public interest.”
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