July 31, 2020

The Week in FFCRA Complaints: Employers Do Not Seem to Understand Mandated Worker Protections

It’s time once again for our weekly dose of FFCRA complaints here at the Berke-Weiss Law blog. It is starting to seem, from our perspective, that either employers have not been made sufficiently aware of the leave entitled to workers under the FFCRA or that they are willing to risk a lawsuit for wrongful termination. The pattern of many of the complaints we’re seeing, and this week is no exception, is an employee notices COVID-19 symptoms, possibly tests positive or at least wants to quarantine to ensure they do not spread it to others, and requests the legally mandated two weeks off plus job protection, yet still gets fired.

  • Complaint, McJunkin v. Lake Keowee Chrysler Dodge Jeep Ram, L.L.C., No. 8:20cv2699 (S.D. Ca. July 22, 2020)
  • Plaintiff sued her employer, a car dealership, for retaliation and wrongful termination in violation of FFCRA. Plaintiff became ill from COVID-19 symptoms and was instructed to self-quarantine by her physician. In addition, Plaintiff missed a couple days of work when her child’s daycare closed because of the pandemic. Both of these instances were covered under FFCRA paid leave, but Defendant terminated Plaintiff anyway.
  • Complaint, Voznesensky v. Peninsula Convalescent Assoc., L.L.C., No. 20-CIV-03058 (Cal. Supp. July 22, 2020)
  • Plaintiff, a nurse supervisor, sued her employer, a nursing center, for discrimination, retaliation, and denial of sick leave under FFCRA. Plaintiff tested positive for COVID-19 and alleges she was discriminated against and then terminated because of her illness or perceived disability. Before being diagnosed with COVID-19, Plaintiff repeatedly asked to wear a mask while working but her employer denied her requests. Plaintiff also alleges she was terminated because she complained about her employer about unsafe working conditions. In violation of FFCRA, Plaintiff was also denied paid leave by her employer and believes Defendant acted maliciously against her. 
  • Complaint, Staples-Reynolds v. Gills Gibson, Inc., No. 3:20cv1287 (M.D. Pa. July 28, 2020)
  • Plaintiff, a cook, sued his employer, a restaurant, for retaliation and denial of protected leave under FFCRA. Plaintiff tested positive after contracting COVID-19 from his roommate and was advised by his healthcare provider to self-quarantine for two weeks. He immediately notified his manager who responded by threatening to fire him if he took time off. When Plaintiff left work to self-quarantine, his manager terminated his employment.

Also filed: Complaint, Doler v. Capstone Logistics, L.L.C., No. 3:20cv218 (N.D. Miss. July 28, 2020)

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With the HEALS Act the Fight over Pandemic Lawsuits Takes Center Stage

July 30, 2020
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Earlier this week, Senate GOP leadership introduced their $1 trillion opening response to the $3 trillion Congressional HEROES Act, originally proposed in May. As we have noted, the signal demand coming from Mitch McConnell’s office is liability protection (the “L” in HEALS) for businesses and health care organizations. Translated, McConnell wants to prevent workers from suing employers if they contract coronavirus at work. And the GOP appears firm that without consensus on this issue, there will be no new stimulus.

The Week in FFCRA Cases Includes a Class Action Suit against the USDA

July 24, 2020
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Four cases came across the wire this week and we have chosen to highlight them all. One case is the first class action lawsuit filed under the FFCRA and concerns potentially millions of people seeking SNAP aid. The three other suits that were filed this week follow a familiar line for anyone who has been reading our updates. People are getting sick or have family members getting sick and are then denied their right to paid leave and are terminated.

The Berke-Weiss Law Weekly Roundup, PUA Running Out, Why It Took So Long to Recognize the Child Care Crisis, and New Workers Councils

July 24, 2020
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This week marks a significant juncture for the US as Pandemic Unemployment Assistance is scheduled to end next week, schools are considering how to safely serve students, and workplaces continue to grapple with safety concerns.

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