Jeffrey H. Ruzal, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s New York office, authored an article in the Independent Retailer, titled “Are Retailers Required to Compensate Non-Exempt Store Associates for Temperature Checks?”
Following is an excerpt:
Retailers around the country are eager to re-open after the lengthy and debilitating COVID-19 shutdowns. However, it is not as easy as simply throwing open ones doors to the waiting throngs of consumers who have likewise been shut-in, desperately yearning for brick-and-mortar shopping. Safety is paramount for both businesses and the consuming public. Social distancing, maximum occupancy, one-way flow, and temperature checks are just some of the safety protocols retailers are considering and implementing as part of their plans to reopen.
Before reopening, retail employers must be vigilant to ensure compliance with state and local laws, as each state, and perhaps even local jurisdiction, maintains different required safety protocols. Retail employers must also be mindful of federal and state wage and hour laws before implementing temperature screenings for employees, as employers may be required to pay their workers for the time they spend waiting and submitting for temperature screenings.
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