#WorkforceWednesday: COVID-19 Liability Waivers, Rules of the Road, New GDPR Concerns

Employment Law This Week® - Episode 176


It’s #WorkforceWednesday! This week, we’re discussing what employers should know about COVID-19 liability waivers and the GDPR.

COVID-19 Liability Waivers? (Video)

As employers plan for workers to return to work, utilizing COVID-19 liability waivers is one idea that businesses are thoroughly considering. Attorney Jimmy Oh discusses the risks and effectiveness of these waivers.

The GDPR and U.S. Employers

Renewed concerns have arisen for U.S. employers of European Union residents regarding the transfer and protection of personal data, and with meeting General Data Protection Regulation (GDPR) compliance demands, especially with regard to remote working arrangements, COVID-19 contact tracing, and interactions with global HR data systems. Read a refresher on the GDPR in light of these news concerns.

Other Highlights

Workers’ Compensation Claims and COVID-19

Connecticut Governor Ned Lamont recently issued an executive order that creates a presumption that employees who contracted COVID-19 in the early days of the pandemic contracted it at work and are eligible for workers’ compensation benefits. Read more here.

Courts Conflicted on Interpretation of FAA’s “Transportation Worker” Exemption

On August 19, 2020, the U.S. Court of Appeals for the Ninth Circuit concluded that Amazon delivery drivers don’t need to arbitrate their claims under the Federal Arbitration Act’s “transportation worker” exemption. Thus, the drivers are permitted to pursue their wage-hour claims as class actions in court. This decision highlights a conflict among the courts on interpreting the “transportation worker” exemption that may need to be resolved by the U.S. Supreme Court.

What We’re Reading

“Employee Benefits and Executive Compensation Attorney’s Role in Corporate Transactions,” a Lexis Practice Advisor article by attorney Michelle Capezza.

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