Legal Issues in a Post-COVID World
It is generally accepted that the pandemic has redefined how people work. Many of our professional interactions now occur remotely. For example, meeting with clients, colleagues and even medical professionals via technology has now become normal.
While there are many advantages to remote work including, for example, less travel and increased productivity, RCFP attorneys have identified several potential legal issues for businesses:
Telehealth: Navigating telehealth continues to be of concern to the medical industry. During the pandemic emergency, telehealth was understood to be the best solution to providing convenient and efficient care under pandemic-restricted conditions. As we move into a post-COVID world, however, medical professionals need to ensure that they continue to take steps to protect patient health information and address any privacy and security issues. It is essential that they consider potential liability for malpractice as a result of errors unique to telehealth. In addition, because telehealth can occur across state lines, medical professionals must be aware of the different rules that govern telehealth in different states and the requirements for licensure in those states.
Data Security: Email scams, data breaches, malware, and ransomware attacks are on the rise. Big corporations were once the main target, but now smaller businesses and individuals are seeing their emails hijacked and are falling victim to phishing and other scams. With remote employees working from public WiFi hubs, data security is a major risk. Businesses should check their cyber and compliance policies and insurance coverages for incident protection.
Remote Workers: Benefits coverage for injuries and disabilities arising from incidents at home or another location comes into question. Businesses should review their workers compensation coverage, state labor laws and court interpretations of those laws to determine how to handle claims and liability protection.
Customer Service Disputes: Offices and retail locations are often short-staffed, and customers are ready and willing to sue. Complaints are on the rise as are bad reviews online. Companies should review the Consumer Review Fairness Act; as well as the Americans with Disabilities Act and anti-discrimination laws governing the legal right to provide or refuse service to a customer and ensure the most up-to-date compliance. Employees should be trained and monitored to practice procedures and policies to protect the business’ vulnerability to a discriminatory lawsuit.
Don’t hesitate to contact your RCFP attorney to review and discuss any of these areas of concern in more depth. We’re here to help.