Bloomberg Law Daily Labor Report “Weekend Read” newsletter and Bloomberg Tax Daily Tax Report “Weekend Insights” featured an article by Genevieve Murphy-Bradacs, Senior Counsel in the Employment, Labor & Workforce Management practice, in the firm’s New York office, titled “Discrimination, Benefit Issues to Watch When Returning Furloughed Workers.”
Following is an excerpt:
More and more companies are starting to bring workers back into the office. We highlighted several issues employers face with regard to returning furloughed employees, with an Insight by Epstein Becker Green employment attorney Genevieve Murphy-Bradacs. …
Navigating Return to Work Issues
Employers need to understand the potential legal liabilities they face as they return furloughed employees to work—whether on the work premises or on a remote basis, according to Epstein Becker Green’s Genevieve Murphy-Bradacs. Providing clear and timely communication of the return date and the furlough’s impact on benefits are just two of many key issues.
- Benefit Issues: If benefits continued during the furlough, potential employee “catch-up” payments are needed if the employer paid employee premiums during this period.
- Mitigate Discrimination Risk: Employers must ensure they have a legitimate, non-discriminatory reason for selecting which employees return to active employment to avoid a class or collective action.