What Rights Do Family Businesses Have to Test Employees for COVID-19?

As businesses look to reopen their doors, preventing the spread of COVID-19 remains among their top priorities. To that end, masks, social distancing, and increased cleaning procedures are necessary steps businesses should enforce to limit exposure for employees, customers, and clients.

Beyond providing personal protective equipment and sterilization procedures, family businesses may wonder what rights they have to test employees for COVID-19 to help keep patrons and workers safe. Washington state and Oregon have generally followed the guidance set out by the federal government regarding testing employees for COVID-19.

Businesses with employees in California, however, should read this employment advisory to make sure any employee COVID-19 testing is valid under California law.

The facts, laws, and regulations regarding COVID-19 are developing rapidly. Since the date of publication, there may be new or additional information not referenced in this advisory. Please consult with your legal counsel for guidance.

DWT will continue to provide up-to-date insights and virtual events regarding COVID-19 concerns. Our most recent insights, as well as information about recorded and upcoming virtual events, are available at www.dwt.com/COVID-19.