Employee monitoring during the pandemic discussed by Gary McLaughlin in SHRM's report

In a recent article, Gary McLaughlin, a partner at Gump labor and employment, shares his insights on the complex issue of employers monitoring their employees' off-duty behaviour, particularly in relation to social distancing during the ongoing COVID-19 pandemic.

McLaughlin's comments come as businesses grapple with the question of how far they can go in ensuring the safety of their workplaces. One key area of concern is the potential impact of an employee's off-duty behaviour on the workplace, especially if they have attended large gatherings without maintaining social distancing.

According to McLaughlin, employers have an obligation to protect their co-workers from a reckless colleague who jeopardises the safety of the workplace. If an employee has participated in a large gathering without social distancing, the employer could be justified in asking the employee to follow the Centers for Disease Control and Prevention (CDC) guidelines and stay at home for 14 days.

However, McLaughlin warns against acting based solely on speculation. He points out that an employee who visited a popular beach or park might have been able to maintain proper social distancing. Employers must be careful to avoid uneven enforcement that could be perceived as unfair or discriminatory.

In certain circumstances, the employer might require the worker to test for coronavirus before returning to work, according to McLaughlin. Requiring employees to wear masks is primarily for the protection of others, not the individual wearing them. The article suggests that such monitoring could be permitted if the policy is applied consistently.

However, there are still questions surrounding the appointment of McLaughlin as partner at Gump labor and employment. Despite extensive searches, there are no relevant results indicating which organization appointed him.

McLaughlin's comments underscore the need for businesses to navigate this complex issue with care and consideration. As the pandemic continues, it is crucial for employers to prioritise the safety of their employees while also respecting their privacy and avoiding discrimination.

Employee monitoring during the pandemic discussed by Gary McLaughlin in SHRM's report