Much of the business community, along with the rest of the country, was taken by surprise by the CDC guidance regarding mask wearing issued on May 13, 2021. It was unclear how the new guidance, subsequently adopted in many states, would impact public-facing private businesses, which under the guidance clearly had the option to apply different rules in their workplaces, but which faced clear practical problems in doing so in the form of pushback (verbal or physical) from customers who were told by the government that they could forego mask wearing. However, competing concerns about safety of employees, particularly in workforces with low immunization rates, have led to demands from the business community for guidance. In partial response, on May 28, 2021, the EEOC updated its guidance concerning the application of equal employment opportunity (EEO) laws to pandemic-related employment policies.

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Photo of Galit Kierkut Galit Kierkut

Galit Kierkut focuses her practice in the areas of restrictive covenants, privacy, and trade secret counseling and litigation, as well as in matters relating to employment discrimination, harassment, whistleblowing, employee leave and accommodation. She represents national and international employers in their U.S. operations…

Galit Kierkut focuses her practice in the areas of restrictive covenants, privacy, and trade secret counseling and litigation, as well as in matters relating to employment discrimination, harassment, whistleblowing, employee leave and accommodation. She represents national and international employers in their U.S. operations in the pharmaceutical, medical device, manufacturing, financial services, hospitality, food service, retail and health care industries in state and federal courts, as well as before the Equal Employment Opportunity Commission (EEOC) and various Departments of Labor. She also trains and counsels employers in virtually all employment compliance areas. Galit is a member of Greenberg Traurig’s Health Emergency Preparedness Task Force, a multidisciplinary, collaborative team drawn from the firm’s offices around the world that provides clients with up to date counseling on all COVID-19 related matters.

Photo of Kristine Feher Kristine Feher

Kristine J. Feher is an experienced employment litigator and trial attorney, whose practice focuses on representing employers and managers in employment discrimination and wrongful discharge cases arising under employment laws. In addition, she litigates wage payment and overtime compensation claims (including class actions)…

Kristine J. Feher is an experienced employment litigator and trial attorney, whose practice focuses on representing employers and managers in employment discrimination and wrongful discharge cases arising under employment laws. In addition, she litigates wage payment and overtime compensation claims (including class actions) under the Fair Labor Standards Act and state laws. She also has wide-ranging experience in defending claims of breach of contract, infliction of emotional distress, and many other employment-related claims; and counsels franchisors regarding employment issues, including avoiding joint employer status with franchisees.

Kris assists clients in a variety of labor and employment matters including conducting workplace training; drafting policies and handbooks; ensuring wage and hour compliance; advising on performance management, terminations, and reductions in force; and defending Equal Employment Opportunity Commission (EEOC) and state fair employment practice agency charges. Kris prides herself on offering advice that is both practical and consistent with the employer’s business goals and culture.