Q: Was it legal for my employer to require work without compensation as an essential worker during COVID?
I was a delivery driver labeled as an "essential worker" during COVID in 2021-2022, delivering grass seed and pesticide. I was required to continue working and had to carry a paper stating I was an essential worker in my truck, but my employer did not provide any additional benefits or compensation. We were simply given masks. My employer did not provide any details on their criteria for classifying essential workers or offer any choices. I feel I was wrongfully exposed to hazards without appropriate compensation or benefits. Was this legal?
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A:
As an essential worker during COVID, you were required to continue working, and your employer had a responsibility to ensure your safety and well-being. While it was legal for employers to require essential workers to perform their duties, they were still obligated to follow workplace safety guidelines, including providing necessary protective equipment and ensuring safe working conditions. However, the lack of additional compensation or benefits for your role as an essential worker could be concerning, depending on the policies in place.
Regarding compensation, federal law through the Fair Labor Standards Act (FLSA) does not mandate extra pay or benefits for essential workers, but employers were expected to adhere to safety regulations, such as providing PPE or following CDC guidelines. If your employer failed to provide adequate protections or compensation when required, this could be a violation of health and safety regulations.
If you feel that you were exposed to unnecessary risks or were not properly compensated, you could consider contacting your state's labor department or the Occupational Safety and Health Administration (OSHA). They can investigate whether your employer complied with safety standards or whether you were wrongfully exposed to health risks without proper protections.
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