New York City-based Smith, Gambrell & Russell’s Labor and Employment Group has published a compilation of answers to questions currently facing employers as the novel coronavirus pandemic continues to unfold, which can be found here. As for co-ops and condominium communties, the most pertinent guidelines and best practices include the following:
Q: Can the board tell employees with symptoms to stay home, or send them home?
A: Yes. Employers may ask employees if they are experiencing symptoms, and should instruct such employees to leave the workplace. Any other employees with whom they have worked should be notified of the possible exposure, and all known information should be provided -- but the confidentiality of the infected employee should be maintained as required by the Americans with Disabilities Act (ADA). To this end, the Center for Disease Control (CDC) has published interim guidance for employers, found here. Employers should use the CDC’s interim guidance to determine risk for COVID-19 infection. Employers should not make determinations of risk, or employment-related decisions, based on race, religion or country of origin.
Q: Can we require an employee to notify their superior if they have symptoms, or have tested positive for COVID-19?