(With thanks to Michael Michalandos and our Asia Pacific Employment and Compensation team for this post.)
The recent outbreak of COVID-19 (the Coronavirus) raises challenging issues for employers, particularly those that operate in multiple locations, provide a variety of services, and employ a global workforce which travels routinely. Now is the time for employers to revisit their health and safety protocols and install procedures to minimize the risk of the outbreak affecting their staff, whilst at work or travelling for work.
Our regional update outlines employer obligations and important considerations across the Asia Pacific region in terms of dealing with the Coronavirus outbreak. Please note though that the response of Governments to the outbreak is evolving rapidly, and it is important for employers to regularly check for updates with local authorities in each jurisdiction (as the information set out below may change).
We also encourage you to contact your local Baker McKenzie office if you have any further questions relating to the information we have provided, or for a more comprehensive explanation of how the Coronavirus outbreak could impact your business and workforce.
The recent outbreak of the 2019 Novel Coronavirus (2019-nCoV) raises challenging issues for employers, particularly those that have multiple locations, provide a variety of services, and employ a global workforce that may travel routinely for business. For employers who have lived through prior global pandemics, now is the time to revisit preparedness protocol and re-evaluate the same for changes in locations of workforces and evolution in local laws. For those who are new to the scene, planning for and responding to a potential pandemic requires that multinational employers focus on three key issues: (1) how to maintain a safe workplace; (2) how to maintain operations in the face of a pandemic; and (3) how to minimize exposure to potential liabilities that may result.
In a significant decision for the service provider community, this month the National Labor Relations Board dismissed a claim that an employer was required to provide its employees’ union the service contracts it had with its customer. G4S Security Solutions USA, Inc. 369 NLRB No. 7 (2020). The panel decision was unanimous. Notably, however, the decision left open the possibility that a union could require the production of a service agreement if it could demonstrate the agreement was relevant to bargaining.
2019 kept US employers on their toes. From intensifying scrutiny of independent contractor relationships, data privacy changes, and hostility to arbitration agreements to continued pressure to examine pay data, increasing employee activism and politically charged discourse in the workplace, it has been a busy year!