Chinese-American lawyers talk about common damage to labor rights during the epidemic

Posted April 10th, 2020.

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[Report by KTSF Gu Lingjia]
Since the outbreak of the epidemic, especially after the implementation of the home anti-epidemic order in the Bay Area, many labor disputes have arisen in the workplace. How to protect your own rights.

During the epidemic, whether employees with necessary services have to go to work as usual, or employees in non-essential service industries cannot continue to work, there are some legal issues concerning labor rights. What are the most common ones?

Labor law lawyer Zheng Qiaojing said: “After the implementation of the home order, some employees strictly abide by the government’s home order, and then they refused to comply with the company’s decision to ask them to go to work, but they were retaliated against and even fired. Or, employees who are suspected or diagnosed with the new corona virus cannot be protected by the company’s vacations, but instead have been demoted, paid cut, or fired. ”

During the epidemic, everyone is afraid of being infected with new coronavirus pneumonia, and the safety protection in the workplace will naturally become the focus, which will easily lead to labor disputes. For example, before the CDC has changed the guidelines for wearing masks, there are medical staff The company has different opinions on wearing masks.

Zheng Qiaojing said: “During work, some employees did not get some safety protection, such as masks, gloves, or other safety protection tools. Even if we have received inquiries, it was the nursing staff in the hospital who received the hospital. Warning, they are not allowed to wear masks, and because of the fear of causing panic to the patients, the employees are threatened by a big virus.”

Although the degree of safety protection required varies according to the industry, in general, what kind of safety protection can employers provide in the workplace during the epidemic? The lawyer also made recommendations.

Zheng Qiaojing said: “Including protection measures for employees to socialize, which means keeping a certain distance from each other. At the same time, if it is within the employer’s ability, the employer should provide some other protection measures, including things like hand sanitizer and disinfection. Liquid, and then provide certain safety protection for the workplace.”

In addition, the lawyer also found that because of the discrimination against Chinese Americans caused by the New Crown Virus, there are also many inquiries. This type of discrimination is the same as the previous relevant laws on workplace discrimination. Employees have the right to be free from discrimination. Prosecution.
Zheng Qiaojing said: “Be sure to let the company know that such things are happening in the workplace through internal channels, so this is a critical step. In addition, if it is reasonably resolved through internal dispute resolution channels, then employees need to Through the procedures we have discussed before, first file a corresponding discrimination prosecution with the federal government or the relevant agencies of the state government. After the state government or the federal government has made certain measures, employees can consider taking a lawsuit to the court.”

Due to the epidemic, the industry has stopped or the business has been greatly affected. Some companies have begun to lay off employees or ask employees to take unpaid leave. Among them, foreigners face not only a sharp decline in income, which may affect their status.

Zheng Qiaojing said: “In Silicon Valley / Silicon Valley, many employees have problems with work visas, so after being laid off and fired, they not only face the problem of damage to their labor rights but also immigration issues.”

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