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Law360 (August 6, 2020, 5:40 PM EDT) --
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| Karen Elliott |
Today's perspective comes from Richmond-based Karen S. Elliott, a member of Eckert Seamans Cherin & Mellott LLC, focused on labor and employment law and commercial litigation matters.
What challenges has the pandemic created in your specific area of work?
The major challenge for me as a defense-side labor/employment lawyer has been keeping up with the almost daily pace of change in the various laws and legal requirements.
From learning new legislation (Families First Coronavirus Response Act, Paycheck Protection Program) to coordinating the Virginia governor's orders and new ground-breaking safety standards, as well as Equal Employment Opportunity Commission, Centers for Disease Control and Prevention and Occupational Safety and Health Administration requirements, the unrelenting intensity has been like constant trial preparation.
We usually have time to absorb new legal changes before providing advice. Now, we are learning and advising simultaneously. I've been practicing for over 30 years and I've never experienced anything quite like this.
As an experienced lawyer, I pride myself on helping clients with results-oriented advice. This is the first time I can remember saying, "There is no answer." Under ordinary circumstances, we can take time to develop a strategy, but now, if a client violates one of the safety standards, for example, the liability has accrued.
How have you and your firm adapted to reopening in your area, and what are your expectations for the fall?
In Virginia, reopening has been slow and the governor's Emergency Temporary Standard for Infectious Disease Prevention has placed a significant responsibility on employers for training and disease mitigation, prevention and control. So if employees are attending high volume gatherings, and the employee returns to work, the new legal burden on the employer to prevent spread and engage in containment measures is significant.
As the state's statistics show, cases have spiked with the reopening. Due to all of this uncertainty, many businesses that were able to operate remotely have decided not to return to full office capacity, including my own firm.
For myself, I have continued to maintain my distance. At most, some al fresco dining is about as far as I am personally willing to venture. Travel remains close to home, or a beach rental. I do not expect this to change until we reach a 70% infection rate in the country — for herd immunity — and/or there is an effective vaccine.
My personal expectation has been that I will be working mostly remotely until at least the first of the year and most likely into the first quarter. As a consequence, I have made changes in my own personal workflow and am adapting to new methods to maintain efficiency.
How are you and your family adapting at home?
I have always had a home office because my firm, Eckert Seamans, has had good remote support systems. Therefore moving into a remote environment was not too difficult. My work day is not too different except that it is now even longer because of the extra administrative work required due to the remote environment.
When my daughter was furloughed, she moved back in, and we tried new recipes and going on weekend adventures as a family. We downloaded All Trails, and most weekends we find a new local trail to explore.
I am part of a worldwide online photography group called 52 Frames, and we take photos weekly based on an assignment. Often we explore sites so that I can fulfill my weekly assignment.
We support local restaurants by spreading out our carryout orders, and we have had many socially distant meals with friends on the patio when the weather cooperates. I am grateful that my clients have continued to call with work. I really cannot complain because I do not have the pressure of worrying about my job, although we are anxious to "get our lives back."
What is the most creative or productive response to the crisis you've witnessed so far?
I am very impressed with the group Humans From Home, which developed the personal protective equipment gown project, as well as all of the neighbors and friends who have made masks and freely offered them to those of us who have inadequate sewing skills!
My nephew, who goes by Das Frank, has created a number of beautiful positive propaganda posters — reminiscent of Rosie the Riveter — that have been seen worldwide, honoring the front-line workers and reminding everyone else to do their part to keep them safe.
The opinions expressed are those of the author(s) and do not necessarily reflect the views of the organization, its clients, or Portfolio Media Inc., or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.
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