The FAQs included in my prior post address employer response with an eye to HIPAA compliance. What else can an employer do or not do with employee information related to COVID-19 status? Even covered entities and business associates concerned with HIPAA must be alert to other laws that affect their communications and action plans. Employers should check with labor counsel for laws and requirements that may apply. Employers should also be aware that state-specific privacy and data security laws may apply to the collection, retention, use and disclosure of health information.
See here for a recent article on workplace considerations related to Coronavirus published by Fox Rothschild LLP colleagues who practice in our Labor and Employment practice.