Daily Three: June 18

June 18, 2020

  1. Don’t require employees to get COVID-19 antibody tests. Yesterday, the EEOC issued new guidance confirming that the Americans with Disabilities Act prohibits employers from requiring employees to take antibody or serology tests to determine if they were ever infected with COVID-19. As a result, while employers may require employees to be tested to see if they have COVID-19, they should not require employees to be tested for antibodies before returning to work. The EEOC indicated that this guidance might be adjusted based on future recommendations from the CDC. Read our guidance on permissible COVID-19 viral tests hereAuthored by Peter Donati


  1. Client Question: "I live in a community association that has a fitness center that I would like to start using again. Can our board re-open the center, and, if so, are there things they should be considering?"  Read relevant considerations for re-opening fitness centers. Answered by Adam Kahn


  1. The longer the pandemic continues, the more clearly it has become that many companies will begin to experience declining financial performance that may threaten the company’s ability to continue to operate as a going concern. Consider some of these measures if your corporation is experiencing distress induced by COVID-19 (or otherwise)Authored by David Solomon and Harold Israel


For more resources and LP's response to COVID-19, visit this webpage.

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