A few thoughts about legal issues and the Coronavirus.

There’s no way to summarize all the legal implications of the pandemic, but here are a few issues to consider.

Employers need to ensure they are taking actions in line with the latest guidance from the Centers for Disease Control and Prevention when determining which employees should be required or requested to self-quarantine. If an employer decides an employee cannot come into the workplace, the employer must ensure it remains in compliance with other laws that could come into play, such as the federal Family and Medical Leave Act and state/local paid sick time laws.

The FMLA requires employers with more than 50 employees within 75 miles of the company’s worksite to provide employees with job-protected, unpaid leave for certain medical and family reasons. Employees who take FMLA leave are entitled to receive the same health coverage from their employers as they were before taking leave.

Employers should have a plan in place in case employees are exposed to the coronavirus or diagnosed with it. Employees worried about symptoms they are experiencing, or are fearful of experiencing down the line if they remain in their workplace, should request their employers provide reasonable accommodations as required by law.

The cancellation and postponement of major conferences, trade shows and other large events will also generate legal action extending beyond the coronavirus pandemic. Courts will be dealing with untold numbers of disputes as to whether parties are excused from performing their contractual obligations during the pandemic. The litigation finance industry is also gearing up for a considerable amount of coronavirus-related activity. Additionally, a massive slowdown of the economy will generate even more activity in the bankruptcy cases.

For the moment, most courts in most jurisdictions are closing their doors to all but the most important cases. Those include criminal matters where people are waiting to be arraigned, protective orders, and other emergency matters such as child support enforcement. Attorneys should subscribe to email alert services (as I do) that advise them of the latest information regarding court hours, closures, and other important information. Even the U.S. Supreme Court announced that its March sitting of oral arguments would be postponed in keeping with public health precautions recommended in response to COVID-19.

I will do my best to keep you advised of developments via this blog and my Twitter feed.