Thursday, June 18, 2020

WILL I EVEN HAVE A JOB TO GO BACK TO? THE POTENTIAL EFFECTS OF TELECOMMUTING AND COVID-19

person's hand filling out an unemployment compensation form
[1]

Laid off, furloughed, unemployed . . . these labels may, in essence, mean different things, but the nuances and subtleties of each variation feels alarmingly similar for the millions of Americans experiencing one or the other in the destructive wake of the coronavirus. Whether one’s employment has been terminated entirely or simply postponed until economic conditions are more stable or the need for a certain job is back on the uptake, the sense of panic and helplessness is a common theme. Questions running the gamut from “how long will I receive unemployment” to “will my job even be needed when this pandemic ends” are mounting and, unfortunately, largely unpredictable in answer.

Even in the midst of this uncertainty, there is good news and reason for hope. In April, the federal unemployment rate skyrocketed to 19.7%; however, the first decline in this rate since the onset of COVID-19 was reported for the month of May. With the phased re-opening of states that began last month, 2.5 million jobs were added to the economy and the unemployment rate dropped to 13.3%. While this is still an appallingly high percentage, it is progress. In the face of this resurgence, Americans may still be questioning the impact this may have on them personally. With approximately 30 million workers collecting unemployment benefits, this concern is not without merit.[2]

Enduring a season where only “essential” businesses remained open and massive corporations learned to function on a skeleton crew, the concern for the need of every position held before the pandemic is legitimate. For the employee, this is the waking nightmare. While no one can predict the future for all positions at every company, some experts are predicting that telecommuting will be the wave of the future to keep costs low and employment steady. Companies are choosing not to renew expensive leases on office spaces after experiencing the benefits of technological advances as it aids going to the office while never leaving your living room.

Still other experts are anticipating a reallocation of jobs. The focus of the American economy has shifted from leisure, tourism, and travel to delivery services, cleaning, and health care. For every ten jobs lost, three jobs are created. While Americans no longer have the luxury of traveling for vacations without fear of contracting this new virus, this very same hesitation has created an increased demand for services already in existence but often under-utilized. This new awareness of “essential” industries could be the short-term salvation for the economy.[3] As for the long-term impact of coronavirus on the economy, much is left to be determined with many questions still awaiting an answer.

If you are hurt on the job due to unsafe working conditions, seek legal counsel, as you may be entitled to workers’ compensation or other benefits. As we have since 1967, we will continue to protect the legal rights of our clients – those who are hurt on the job while working for Alabama employers.  If you have been injured on the job and want to learn your rights, please consider contacting the Nomberg Law Firm. Our office number is 205-930-6900.

 

[1] https://nymag.com/intelligencer/2020/04/cares-act-unemployment-benefits.html.

[2] https://www.washingtonpost.com/business/2020/06/05/may-2020-jobs-report/.

[3] https://www.marketplace.org/2020/05/08/how-many-jobs-will-come-back-after-the-covid-19-pandemic-ends/.


Bernard D. Nomberg has been a lawyer for more than 20 years. Bernard has earned an AV rating from Martindale-Hubbell’s peer-review rating. In 2019, Bernard was named a Super Lawyer for the 7th year in a row.



from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/potential-effects-of-telecommuting-and-covid-19/

Friday, June 12, 2020

HOW MUCH LONGER WILL I HAVE TO WORK FROM HOME?

photo of a man working from home with his child

[1]

Working from home is the new norm for most Americans with almost two-thirds of the working population transitioned to couch labor since the beginning of the COVID-19 pandemic.[2] The sudden job site shift may have been a welcome change for most of these workers, allowing many to see the novelty of the inside of their home at eleven am on a Tuesday morning, but prolonged exposure has sparked unrest. What was once an embraced changed has now quieted down into a frustration (not so) stay-cation. While working from home has the benefit of lounge wear and a short commute to the couch, these advantages are balanced by ever-present children in a worker’s ‘office’ and a lost sense of structure. All of this has culminated in the ultimate question (and hopeful plea): when can I go back to work?

The daunting reality of the answer to this question is not an easy pill to swallow. It turns out that most companies are seeking to be the last to return to the office. In Alabama specifically, stay-at-home orders expired over a month ago on April 30th, yet many workers have yet to be called back into the office.[3] It may be a beneficial to employees that most bosses are realizing all the meetings that truly could have been an email, but this also means that companies are recognizing the potential to expand profit margins by offloading expensive office space. By having employees telecommute when possible, the need to house workers and monitor via technology is quickly becoming the desired end game. In fact, Nationwide insurance has closed five offices around the country and made a permanent move to have 4,000 employees work remotely. But this does not necessarily mean you will never see your coworkers while on the clock again. Some employers are reporting that prolonging back-to-office dates well-past the stay-at-home orders end is merely a precaution to allow management to reconfigure the layouts of offices and job sites in order to comply with social distancing and to minimize the spread of hazardous germs.[4] Employees may see upon the eventual return to the job site that offices have been reconfigured into open concept work spaces to increase employee productivity while decreasing the time spent within six feet of other employees.

With reconfiguration and mass sanitation underway, most offices have taken the approach of a phased reopening, only allowing a set proportion of the employee population to return to the office at a time in order to maintain control of the health of the office. But the end result of this plan, as hoped for by many employees, is to allow workers to return to the office. While a date for individual companies may not be a uniform standard across the board, it is a shared goal for most.[5]

If you are hurt on the job due to unsafe working conditions, seek legal counsel, as you may be entitled to workers’ compensation or other benefits. As we have since 1967, we will continue to protect the legal rights of our clients – those who are hurt on the job while working for Alabama employers.  If you have been injured on the job and want to learn your rights, please consider contacting the Nomberg Law Firm. Our office number is 205-930-6900.

 

[1] https://www.forbes.com/sites/chriswestfall/2020/05/20/new-survey-shows-47-increase-in-productivity-3-things-you-must-do-when-working-from-home/#4de1a06780dc.

[2] https://www.theatlantic.com/health/archive/2020/05/work-from-home-pandemic/611098/.

[3] https://www.cnn.com/interactive/2020/us/states-reopen-coronavirus-trnd/.

[4] https://www.nytimes.com/2020/05/08/technology/coronavirus-work-from-home.html.

[5] https://www.govexec.com/workforce/2020/05/agencies-start-reopening-offices-though-approaches-vary/165658/.

 


Bernard D. Nomberg has been a lawyer for more than 20 years. Bernard has earned an AV rating from Martindale-Hubbell’s peer-review rating. In 2019, Bernard was named a Super Lawyer for the 7th year in a row.



from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/how-much-longer-will-i-have-to-work-from-home/

Wednesday, June 3, 2020

MY CO-EMPLOYEE INTENTIONALLY COUGHED ON ME AT WORK. CAN I SUE HIM OR MY EMPLOYER?

photo of a man wearing a mask during pandemic at workRe-entering the work force after weeks turning into months in quarantine, there is the rising potential for new forms of harassment in the workplace. One such form is the intentional spreading of germs by co-employees. It may be that people have become so estranged from decorum and boundaries after sheltering in place in close proximity with friends, roommates, or family, or it may be the case that cabin fever has left some people a little crazed. In either event, what can be done if a co-employee intentionally coughs on you at work?

To start, it is the responsibility of employers to ensure the safety of their job sites. In doing this, employers must follow the guidelines set out by their state and local governments. Employees should be pre-screened before coming to work, and upon entry to the workplace, temperatures should be taken to prohibit those with fevers and symptoms of COVID-19 from entering the workplace. Employees should maintain a distance of six feet from one another as much as possible while working in order to avoid the potential for spreading germs. Further, if an employer is informed of an employee’s contraction or diagnosis of COVID-19, it is the duty of the employer not to inform the rest of his employees that there has been a diagnosis, but to warn of the potential for exposure. Because of HIPPA guidelines, an employer cannot reveal that there has been a diagnosis or the identity of the potential source of future spread.[1]

In this vein, employers are required by the OSHA General Duty Clause to provide employees with a workplace free from recognized hazards, such as exposure to COVID-19. This means employers are obligated to provide the means by which to prevent such exposure. While there is no clear standard across the board for the method of prevention, it is generally accepted that employers should provide protection that is proportional to the type of work performed, i.e., healthcare providers require greater levels of protection as compared to those working the retail sector. [2] The common consensus, however, is that all workers should be wearing face masks to cover noses and mouths because the virus mainly spreads from person to person via the respiratory system, in addition to the virus being transmitted by high-contact surfaces.[3] It is common during this time of heightened caution that employees feel their employers could be doing more to prevent the spread of infectious diseases. But if an employer is following every guideline of the CDC and OSHA to the letter, the employer is fully compliant and not in the wrong.[4]

You may be wondering what to do if you believe you contracted the virus while on the worksite. There is the possibility you have a workers’ compensation claim for being exposed to the contamination. However, the biggest obstacle you will face is how you came into contact with the contamination and the point in time when you contracted COVID-19. Proving this to any degree of certainty tough because the coronavirus is a novel disease of which much information remains unknown. The good news is that, as an employee, you do not have to prove your employer did anything wrong for you to recover under workers’ compensation. Every guideline could be in place and every employee in a face mask, but you can still recover on your claim as long as the workplace is the source of exposure.[5] Any illness requiring hospitalization or continuing treatment for three or more days, according to the Family and Medical Leave Act, may qualify as a serious health condition which provides between twelve and twenty six weeks of leave.[6]

Knowledge and proactiveness is the best form of pretention, but you should know your options in the case your exposure is not of your own doing.  Please wear a mask, wash your hands frequently and practice social distancing. Remember, there is the possibility that you have already contracted COVID-19 and are an asymptomatic carrier who can spread the virus despite not showing symptoms. Always conduct yourself as if you have COVID-19 so that you do not infect others.

If you are hurt on the job due to unsafe working conditions, seek legal counsel, as you may be entitled to workers’ compensation or other benefits. As we have since 1967, we will continue to protect the legal rights of our clients – those who are hurt on the job while working for Alabama employers.  If you have been injured on the job and want to learn your rights, please consider contacting the Nomberg Law Firm. Our office number is 205-930-6900.

 

 

[1]https://edis.ifas.ufl.edu/fs351#:~:text=%2D%20Employers%20need%20to%20follow,department%20for%20additional%20guidance..

[2] https://www.kiplinger.com/article/business/T012-C032-S014-covid-19-at-work-your-legal-rights.html.

[3] https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/how-covid-spreads.html.

[4] https://www.kiplinger.com/article/business/T012-C032-S014-covid-19-at-work-your-legal-rights.html.

[5] https://hrdailyadvisor.blr.com/2009/09/18/what-to-do-when-contagious-illnesses-come-to-work/.

[6] https://hr.blr.com/HR-topics/Benefits-Leave/FMLA-Leave-of-Absence.


Bernard D. Nomberg has been a lawyer for more than 20 years. Bernard has earned an AV rating from Martindale-Hubbell’s peer-review rating. In 2019, Bernard was named a Super Lawyer for the 7th year in a row.



from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/my-co-employee-coughed-on-me-at-work-can-i-sue-him-or-my-employer/

Friday, May 15, 2020

COVID-19 AND BANKRUPTCY – THE NEW PANDEMIC

covid 19 submarine on top of coins to represent financial hardshipShelter-in-place, COVID-19, pandemic, telecommuting . . . these are terms we, as a nation, are inundated with each and every day. The current state of life as we know it is constantly debated, and it seems nothing else can truly break us out of the intense focus trained on the present. But what is to come in the months ahead? The potential consequences for social distancing and furloughed or terminated employment must join these topics for discussion. With the number of Americans filing for unemployment sky rocketing, the knowledge of just how to handle a personal financial crisis is of the highest importance.

The first thing to note is the option to file for bankruptcy should be a last resort. This is not because of any stigma attached to the filing but because relief opportunities are prevalent during this pandemic. Look first to your ability to make the minimum payments on all of your bills and stay current for as long as possible. If this plan of optimistically hoping to tough out the current season seems out of reach, turn next to working out settlement plans with your lenders. Congress’s latest $2 trillion CARES relief package allows homeowners to take advantage of a 180-day forbearance on their mortgage payments, while also preventing foreclosure on federally backed loans. As for credit card, student loan, and auto loan payments, numerous larger banks are offering assistance to borrowers struggling to make payments.[1] The imperative thing is to begin to take action first. Do not wait to automatically be enrolled in a relief program; call each lender and make note of the content of your conversation, the representative with which you spoke, and the offer extended for each interaction. By being proactive, you may be able to avoid filing for bankruptcy.[2]

If the settlement or relief program options are still insufficient, then you should next consider filing for bankruptcy. There are two types: Chapter 7 and Chapter 13. Each has a different process and filing fee. Chapter 7 proceedings are advisable for borrowers with a larger amount of debt which cannot reasonably be paid off, or even a significant portion which cannot be paid off. In these proceedings, assets of the borrower are sold off to pay the debt owed. Assets sold include second cars, vacation homes, stocks, collections and bonds. The general goal of this process is to completely eliminate the borrower’s debt. A judge has to approve the borrower’s filing in court, which costs from anywhere between $300 to $350 to file and $1,500 to $2,000 in legal fees, and the entirety of the process usually lasts three to five months. While in Chapter 13 proceedings, the goal is to make debt more manageable by forming a consolidated repayment plan, approved by the court. This process does not sell assets but instead reorganizes debt to make the borrower’s income sufficient to pay off the debt over a specified time. This process generally lasts three to five years and can cost $300 to $350 for the filing fee and $2,500 to $3,500 in attorney’s fees, due to the prolonged management of this type of proceeding.[3]

It is important to think through all of your options. Once you file for bankruptcy there is a waiting period before you can file again. Talk with a lawyer who can advise you best on which route is best for you.

If you are hurt on the job due to unsafe working conditions, seek legal counsel, as you may be entitled to workers’ compensation or other benefits. As we have since 1967, we will continue to protect the legal rights of our clients – those who are hurt on the job while working for Alabama employers.  If you have been injured on the job and want to learn your rights, please consider contacting the Nomberg Law Firm. Our office number is 205-930-6900.

 

[1] https://www.cnbc.com/2020/03/20/what-banks-are-doing-to-help-americans-affected-by-coronavirus.html.

[2] https://www.cnbc.com/2020/04/16/what-to-know-if-coronavirus-has-you-considering-filing-for-bankruptcy.html.

[3] Id.

 


Bernard D. Nomberg has been a lawyer for more than 20 years. Bernard has earned an AV rating from Martindale-Hubbell’s peer-review rating. In 2019, Bernard was named a Super Lawyer for the 7th year in a row.



from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/covid-19-and-bankruptcy-the-new-pandemic/

Sunday, April 19, 2020

Social Security, Disability, and COVID-19 oh my!

These are unprecedented times we are experiencing as a country. Grocery stores are social distancing land mines, true “essentials” are being defined, and the long-debated question of which meetings could have been emails has finally been answered. While it is important that we maintain levity during this pandemic, there are still serious inquiries that are imperative to answer. One such question concerns the impact coronavirus will have on social security payments.

According to the Social Security Administration, payments will be continued during quarantine. While local Social Security offices are closed to the public, the SSA consistently updates their website to keep beneficiaries informed. The most valued information found on the website being economic impact payment. “Social Security retirement, survivors, or disability beneficiaries and Supplemental Security Income (SSI) recipients who do not have qualifying children under age 17” will automatically receive the $1,200 from the economic impact program via direct deposit, Direct Express debit card, or paper check. Those beneficiaries that have qualifying children under the age of 17 and did not file an income tax return for 2018 or 2019, or those that are new beneficiaries since January 1, 2020 who did not file a tax return for 2018 or 2019, will not receive automatic payment and must go to the IRS’s website to enter information in order to receive their funds in addition to $500 per dependent child.[i]

It is of value to remember that some will take advantage of people through scams during this time of uncertainty. If you receive a call or email or some other form of communication threatening suspension of benefits due to office closure, do not respond. Benefits will still be dispersed even when we’re stuck at home.

If you are hurt on the job due to unsafe working conditions, seek legal counsel, as you may be entitled to workers’ compensation or other benefits. As we have since 1967, we will continue to protect the legal rights of our clients – those who are hurt on the job while working for Alabama employers.  If you have been injured on the job and want to learn your rights, please consider contacting the Nomberg Law Firm. Our office number is 205-930-6900.

 


[1] https://www.wivb.com/news/national/social-security-commissioner-says-benefits-will-still-be-paid-during-pandemic/.

[2] https://www.ssa.gov/coronavirus/.

“website” hyperlink:  https://www.ssa.gov

 

Bernard D. Nomberg has been a lawyer for more than 20 years. Bernard has earned an AV rating from Martindale-Hubbell’s peer-review rating. In 2019, Bernard was named a Super Lawyer for the 7th year in a row.



from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/social-security-disability-and-covid-19/

Wednesday, April 15, 2020

I ALWAYS FEEL LIKE SOMEBODY’S WATCHING ME

electronic communications spying act[1]

With the rise of the digital age and social media, employees’ personal lives are rapidly becoming an online experience. With Twitter, Facebook, and Instagram, these web-based, online lives can be accessed anywhere at any time. The eventuality that employees may blur the lines between company time and personal engagements with these social media platforms is the justification given by employers for monitoring employees in the workplace. One study conducted by OfficeTeam found that employees spend nearly eight hours weekly on activities unrelated to their employment duties, which results in a loss of 15 billion dollars to businesses yearly.[2] While this statistic may be rational in justifying an employer’s actions, it is still imperative that you, the employee, know your rights when it comes to being monitored in the workplace.

In Alabama, it is legal for an employer to monitor almost everything employees do at work so long as the employer has an important business reason for doing so that outweighs an employee’s right to privacy. These methods of monitoring employees can include, but certainly is not limited to, reading postal mail and email, installing surveillance cameras, GPS tracking, and monitoring phone and computer activity. Studies show that at least eighty percent of large companies utilize some form of monitoring of employees’ emails, phone calls, and internet use.[3] With such a large percentage of companies taking advantage of this permission, the question must be asked … where does the law draw the line?

The Electronics Communications Privacy Act (ECPA) provides that employers cannot legally listen in on phone calls in the workplace that are personal in nature. Further, companies must notify their employees that they will be monitored by video camera. If a company plans to utilize concealed surveillance cameras, these cameras can only be placed in areas that are not zones where you would rationally expect privacy, such as locker rooms, bathrooms, and breakrooms. The key to drawing the line is to think what is personal and, therefore, private.[4] Past this point, however, guidelines become fuzzy and indistinct.

Employers have the ability to record employees, without their consent, or even knowledge, so long as the camera is visible. Conversations such as those made in-person, on phone calls, or video chats can be recorded with the consent of only one party in Alabama, and that one party can be the employer that makes the record. Personal conversations can even be monitored if it is the company policy that personal calls are not to be made on company time. Postal mail that is not marked “confidential” or “personal” is also up for an employer’s review, so long as there is an important business purpose for reading it. Finally, anything that is a company asset, like a phone, computer, or car, is subject to GPS tracking at the employer’s discretion.[5]

With almost everything done on company time coming within the grasp of your boss’s hands, the best way to protect your privacy is to check your personal life in the parking lot before clocking in.

If you are hurt on the job due to unsafe working conditions, seek legal counsel, as you may be entitled to workers’ compensation or other benefits. As we have since 1967, we will continue to protect the legal rights of our clients – those who are hurt on the job while working for Alabama employers.  If you have been injured on the job and want to learn your rights, please consider contacting the Nomberg Law Firm. Our office number is 205-930-6900.

 

[1] https://www.utahbusiness.com/workplace-spying/.

[2] https://abc3340.com/news/abc-3340-news-iteam/is-your-boss-spying-on-you-know-your-rights-when-it-comes-to-workplace-privacy.

[3] https://www.worktime.com/is-it-legal-to-monitor-employees-without-their-knowledge-law.

[4] https://www.utahbusiness.com/workplace-spying/

[5] https://www.alabamacivilrightslawyer.com/employee-rights/surveillance?agree=yes.

 

Bernard D. Nomberg has been a lawyer for more than 20 years. Bernard has earned an AV rating from Martindale-Hubbell’s peer-review rating. In 2019, Bernard was named a Super Lawyer for the 7th year in a row.



from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/electronic-communications-spying-act/

Monday, March 30, 2020

CAN I BLAME MY JOB FOR COVID-19?

photo of people in business attire wearing medical masks

If you turn on any news channel today, or at any point lately, it seems we are constantly inundated with a minute by minute account of updates to the pandemic now called COVID-19. Nonessential businesses are closing, people are locking themselves in their homes, and the ability to easily find necessary items is a distant memory. While questions of how the virus will affect hourly workers, the economy, and students unable to attend school on campus are among the topics covering the air waves, a real concern yet unaddressed is whether contracting the coronavirus is potentially compensable by workers’ compensation… until now. Here is the information any employee hoping for a compensable claim should consider before filing a claim.

According to Alabama Code § 25-5-110, an “occupational disease” that is compensable by workers’ compensation is one “arising out of and in the course of employment.” It is due to “hazards in excess of those ordinarily incident to employment in general and is peculiar to the occupation in which the employee is engaged but without regard to negligence or fault.”[1] This means, the employee has the burden of proving that the disease contracted was “caused or aggravated by the nature of the employment.”[2]

The normal reaction to reading this standard is to wonder how any person could rationally trace the source of their contracting a virus back to the workplace. While one (morbid) spot of hope could be a fellow employee also diagnosed as positive for the virus, it is more probable that this will not be the case. In such situation, we look to previous litigations of infections and viral diseases for potential avenues of proving the employee’s claim.

One such case is Hyster Co. v. Chandler, in which a worker recovered compensation for his lung disease resulting from his working conditions. The reason this particular case succeeded is because a surgeon was able to look at the worker’s lungs during surgery and observe first-hand the scarring of the lungs due specifically to exposure to foreign substances to the body. From this personal observation and knowledge of the excessive dust at the workman’s jobsite, the surgeon was able to testify in court that the lung damage and subsequent disease was directly caused by the conditions of his employment, which resulted in an award of workers’ compensation.[3]

While the Hyster case was a success, the striking difference between that outcome and a potential COVID-19 claim is that the virus is not caused by a substance readily visible to the human eye. The virus can stay airborne for three hours and live on surfaces for as long as three days.[4]  Workers that come into contact with the public are certainly at greater risk for exposure than people that are quarantined. Certain jobs, like doctors, nurses, healthcare workers, first responders, and grocery store employees require more interaction with people, increasing the likelihood for infection. Preparation is so important for avoiding exposure to COVID-19.

We have written other blogs and created videos addressing various concerns about COVID-19 and employment. Please click here for videos: https://bit.ly/2QEndsM and here for blogs: https://bit.ly/2UhuP6E.

For updated information from the Centers for Disease Control and Prevention: http://bit.ly/2vONj55

If you are hurt on the job due to unsafe working conditions, seek legal counsel, as you may be entitled to workers’ compensation or other benefits. As we have since 1967, we will continue to protect the legal rights of our clients – those who are hurt on the job while working for Alabama employers.  If you have been injured on the job and want to learn your rights, please consider contacting the Nomberg Law Firm. Our office number is 205-930-6900 and website www.nomberglaw.com. Our office is located in Birmingham, Alabama. We handle cases throughout our great State.

Bernard D. Nomberg has been a lawyer for more than 20 years. Bernard has earned an AV rating from Martindale-Hubbell’s peer-review rating. In 2019, Bernard was named a Super Lawyer for the 7th year in a row.

 

 

[1] (1975).

[2] Alatex, Inc. v. Couch, 449 So.2d 1254, 1257 (Ala. Civ. App. 1984).

[3] Hyster Co. v. Chandler, 461 So.2d 828, 830-31 (Ala. Civ. App. 1984).

[4] https://www.health.harvard.edu/diseases-and-conditions/coronavirus-resource-center.



from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/can-i-blame-my-job-for-covid-19/