Rehiring from Layoffs and Furloughs, Who to Bring Back and How? Critical Return-to-Work Issues Including Health Screenings and Waivers of Liability


CLE credits earned: 1 GENERAL (or 1 LAW & LEGAL for WA state)

As several states begin to reopen and other states prepare to follow, many employers are beginning to formulate detailed return-to-work plans. One of the first questions is which employees to rehire from layoffs and furloughs if bringing back everyone is not an option. This session will begin by exploring the potential pitfalls of this decision and how to avoid them. The session will go on to explore risk mitigation strategies to implement now, before employees actually return to work, including waivers of liability, assumptions of risk, and related contractual tools. The session will also cover employee temperature checks, health screenings, and other updates from the Equal Employment Opportunity Commission regarding pandemic preparedness and the Americans with Disabilities Act.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

•    Overview of rehiring following furloughs and layoffs.
•    Three potential pitfalls when deciding who to bring back.
•    Implementing waivers and related tools to mitigate risk.
•    Employee temperature checks, health screenings, and the Americans with Disabilities Act.

Date / Time: May 22, 2020

•   3:00 pm – 4:00 pm Eastern
•   2:00 pm – 3:00 pm Central
•   1:00 pm – 2:00 pm Mountain
•   12:00 pm – 1:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during the presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

Select your state to see if this class is approved for CLE credit.

Choose the format you want.


Original Broadcast Date: May 13, 2020

Wendy Fischman advises corporate, non-profit, and higher education employers on all aspects of the employment relationship. Wendy is a Partner in both the Employment and Human Resources practice group and the COVID-19 Task Force at Potomac Law Group. Wendy most enjoys getting to know her clients and their organizations and collaborating on practical solutions that help clients achieve their business goals, while maintaining compliant, compassionate employment practices. Since the COVID-19 crisis began, Wendy has been working with employers to pivot their workforces to teleworking environments, manage furloughs, layoffs, and salary reductions, and helping employers plan for returning employees to the workplace.

Isaac Mamaysky is also a Partner in the Employment and Human Resources practice group and the COVID-19 Task Force at Potomac Law Group. He provides insightful, strategic business advice to management teams and in-house attorneys across a variety of industries. During this challenging time, he has been advising clients on the unique legal challenges raised by the pandemic, including issues related to the Paycheck Protection Program, expanded unemployment compensation, and other recent federal relief efforts, with a specific focus on how they intersect with various employment law considerations.

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Many states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, HI, CT, FL, ME, MO, MT, ND, NH, NM, VT, NJ, and NY. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.