Employee Issues

Can my employer ask me about or test me for COVID-19?

Yes. Your employer can ask if you have COVID-19, if you are experiencing the symptoms of COVID-19, or if you have been exposed to someone else who has or recently had COVID-19. Your employer can also screen you before you enter the workplace by taking your temperature or by having you tested for COVID-19.

Employer Issues

As a business owner, am I allowed to require that my employees wear COVID protective gear?

Requiring employees to wear protective gear, such as face masks or gloves, depends on the state and local order, and on what is currently advised by the Occupational Safety and Health Administration (OSHA) or the Centers for Disease Control and Prevention (CDC). 

Requirements for employers are frequently updated as recommendations or rules change. To find current requirements and recommended guidance, visit:

Arizona’s Executive Order 2020-36 states that:

“Any business, whether for-profit, or non-profit, institution, profession or entity that physically operates in this state and serves the public or is an employer shall develop, establish and implement policies based on guidance from the CDC, Department of Labor, Occupational Safety and Health Administration (OSHA) and ADHS to limit and mitigate the spread of COVID-19 include the following:

  1. Promoting healthy hygiene practices;
  2. Intensifying cleaning, disinfection, and ventilation practices;
  3. Monitoring for sickness;
  4. Ensuring physical distancing;
  5. Providing necessary protective equipment;
  6. Allowing for and encouraging teleworking where feasible;
  7. Providing plans, where possible, to return to work in phases; and
  8. Limiting the congregation of groups of no more than 10 persons when feasible and in relation to the size of the location.”
All of Arizona’s Executive Orders can be found here: https://azgovernor.gov/executive-orders

Guidance from the CDC can be found here: https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/businesses-employers.html and  https://www.cdc.gov/coronavirus/2019-ncov/communication/guidance-list.html?Sort=Date%3A%3Adesc

Guidance from OSHA:  https://www.osha.gov/Publications/OSHA3990.pdf and https://www.osha.gov/SLTC/covid-19/controlprevention.html

Guidance from Department of Labor: https://www.dol.gov/coronavirus

Guidance from Arizona Department of Health Services: https://www.azdhs.gov/preparedness/epidemiology-disease-control/infectious-disease-epidemiology/index.php#novel-coronavirus-community

Employer Income Withholding Orders

Does my company still have to honor an income withholding order if the employee is being maintained under CARES?

Yes.  The compensation is viewed as income to the employee, and the income withholding order requires the company to withhold the appropriate amount of income for child support.  Arizona law requires that a company may only withhold up to 50% of the employee’s net disposable earnings each month.

Many thanks to Community Legal Services and David J. Newstone for their help.

Print   Email