Temperature Screens in the Workplace During COVID-19

Presented by Matthew C. Kane & Peter N. Farley, McGuireWood


Before COVID-19, employers were prohibited from using temperature checks to screen employees before entering the workplace. On March 17, the EEOC  published guidance allowing temperature checks during the COVID-19 pandemic. Such screenings can be an effective tool to keep symptomatic employees from entering the workplace and spreading the virus but can also trigger potential legal claims. This summary outlines wage and hour issues that may arise under the Fair Labor Standards Act and similar state laws, and provides tips on developing and implementing a temperature check screening program.

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