Lawyer Monthly Magazine August 2020 Edition

19 Covid-19, primarily respiratory problems associated with breathing, the Americans With Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA) will provide coverage for permanent disabling conditions. Many companies have instituted their own policies that supplement the protections in place. For example, my sister, Maureen, is a flight attendant for Alaska Airlines. In March 2020, Alaska Airlines implemented a Covid-19 policy, where flight attendants could take unpaid leave of absence if they were determined by the Centers for Disease Control and Prevention (CDC) as high risk or if they resided with someone who was high risk from a Covid-19 exposure. Alaska Airlines also offered parents with minor children leave without pay. After 30 days, Alaska Airlines implemented a 30-day staffing leave followed by another staffing leave giving the flight attendants the option of staying home for one to three months. Maureen is due to return at the end of August 2020. Are companies moving away from working in the office? Those that have been subject to stay home orders and continued to work see the benefit of reduced travel time and the increased use of video conferencing to fulfil their job’s objectives. The jury is still out though, on whether this will be the wave of the future. Companies, through their management, love the corporate “dazzle” effect cases. But arbitrations continued will little change. Several arbitral services were already accustomed to engaging arbitrations with “virtual” witnesses appearing through Zoom. In May 2020, I tried a 5-day arbitration with approximately 13 witnesses and over 300 exhibits before an arbitrator, completely and virtually from home. I did not have to wear a suit. Lunches were shorter. We made a full day of it though starting at 9:30 a.m. and going to 5:30 p.m. The parties appeared through Zoom and utilized Veritext’s Exhibit Share, which allowed witnesses to view exhibits from their home computer terminals. Presenting exhibits was a little slower than a live presentation, but the job got done. A couple of witnesses created virtual backgrounds with one showing a Hawaiian seafront, palm trees blowing, though the latter comically admitted that he was seated in his garage. Has the pandemic changed employment law? What things should employers be looking out for, now there is a rise of companies moving away from working in offices? The pandemic hasn’t changed employment law in any respect when those laws were already broad enough to protect workers. The Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) continue to protect workers who have been hospitalized or under a doctor’s care. If there is any permanent condition associated with AUG 2020 | WWW.LAWYER-MONTHLY.COM FRONT COVER FEATURE - LAW OFFICES OF DALE M. FIOLA