Back in Business:  Legal Challenges as Restaurant Employees Return to Work

As many states and localities prepare to reopen restaurants and other businesses that were shuttered in response to the COVID-19 pandemic, employers face a minefield of potential legal pitfalls.  Now is the time for restaurant employers to develop a plan to address both the legal and practical considerations for safely returning employees to work. 

Recalling Furloughed or Laid Off WorkersGiven phased reopening recommendations, social distancing and limitations on the numbers of customers inside businesses, restaurants will likely be returning less than their entire workforce and will have to determine which furloughed or laid off employees to return to work first.  Employers need to ensure that they have legitimate, business-related reasons for asking certain employees to come back while leaving others laid off or on furlough, and they should clearly document those reasons to ensure consistency.  Recalling only younger workers but not older employees, pregnant employees or…