Bradley Bartolomeo Contributes to SHRM Article On COVID-19-Related Employment Considerations

New York, N.Y. (October 30, 2020) - New York and Newark Partner Bradley Bartolomeo recently contributed to an article for the Society for Human Resource Management (SHRM) titled “4 More COVID-19 Legal Questions You Should Answer.” The article poses four questions concerning the following pandemic-related issues, and includes answers from labor and employment attorneys across the country: (1) whether employers may require employees to be tested for COVID-19; (2) whether an employer may require an employee who tests positive to have a negative test before returning to work; (3) who pays for work-from-home-expenses; (4) which remote-work expenses should be reimbursed for California employees.

For purposes of the article, Mr. Bartolomeo provided the answer to SHRM’s question, “Who pays for work-from-home expenses?” He explained that federal, state, and local laws inform whether and to what extent an employer must reimburse a business-related expense. In addition to the law, factors including the employee’s rate of pay, classification, the reason the employee works from home, and whether the expense directly results from an employee’s work performance also impact reimbursement requirements.

"Gathering this information and applying it on a case-by-case basis to your workforce presents quite a challenge," Mr. Bartolomeo commented. "However, a good first step in any analysis starts with looking at the Fair Labor Standards Act (FLSA), its implementing regulations and the Department of Labor's (DOL's) COVID-19 FAQ page."

Mr. Bartolomeo is a member of Lewis Brisbois’ Labor & Employment, Professional Liability, Complex Business & Commercial Litigation, and Entertainment, Media and Sports Practices. He has represented companies, their management, and individuals in federal, state, and administrative courts, as well as in mediations and arbitrations, on a national basis. His practice includes counseling and representing clients in connection with issues pertaining to the FLSA and wage and hour compliance, internal and external confidential investigations and audits, and the numerous labor and employment, human resources, and employee management issues that face large and small companies on a day-to-day basis.

You can read the full SHRM article here (subscription may be required).