2020 Return-to-Work Survey Results

2020 Return-to-Work Survey Results

Husch Blackwell’s Return-to-Work (RTW) Survey, for which we collected responses in the

two-week period ending May 8, 2020, reveals the scope of the challenge facing employers

as they reopen worksites to employees, clients and customers.

At the heart of the matter is the complex interplay among safety,

uncertainty and liability—and these factors have given rise,

understandably, to extreme caution in returning to work.

The raw set of data offers a glimpse into these feelings of caution.

Comparing the percentages of remote workers during the stay-at-

home phase versus the projected percentages once the stay-at-home

orders are lifted reveals a relatively modest movement of workers

who will be located back on site.

Of course, this could indicate a high percentage of workers in the

survey cohort (even pre-COVID-19) who were already working

remotely. Unmistakably, however, the set of data is not showing a

hurried return to our workplaces.

When one considers the balance employers are being asked to

strike—and the unprecedented nature of this pandemic—caution is

only reasonable. Our survey respondents are acutely aware of the two

sides of the COVID-19 coin.

Overwhelmingly, the two answers provided most often when

respondents were asked to write in their most significant legal

concerns were:

• liability tied to on-premise infections, and;

• employee/customer safety, respectively.

These are indeed two facets of the same issue, and both are grounded

in the specific measures employers have taken, or plan to take, to

enhance the safety of their workplaces. Here, the survey responses

break down into two kinds of measures:

• those that can be taken quickly, unilaterally and relatively

inexpensively, and;

• those that require greater levels of capital expenditure, legal

analysis and employee buy-in.

Executive Summary

55%

46%

62%

of respondents indicated

decisions about applying

RTW protocols to individual

workplace locations will be

made at the CEO/Board of

Directors level.

Respondents whose

companies share their

buildings with other tenants.

Respondents for

whom over half of their

workforce is comprised of

“essential” workers.

2020 Return-to-Work Survey Results

Implementation (or planned implementation) of the first kind—which includes advanced cleaning protocols

and modifying workplaces/schedules to promote social distancing—is nearly universal. The more difficult

measures to implement, such as the use of contact-tracing technology or instituting a regular testing

regimen, are, for the most part, not being considered at this time, although that could change once RTW

becomes a greater reality and/or is implemented across a larger percentage of workers.

These two kinds of measures in effect represent opposite ends of a spectrum on which all employers are

struggling to find their appropriate place. What makes the exercise more difficult is that every employer

and every worksite is different. Admittedly, numerous federal and state laws already exist—or will soon

exist—that largely apply to everyone. However, exceptions also are directly tied to industry, job function,

workplace density, etc., and of course, state and local laws are variable, but also highly relevant to the RTW

process. It is eminently clear that a one-size-fits-all approach to compliance will not exist, regardless

of how the body of law shapes up in the near future.

Survey respondents seem to understand this intuitively, hence the high degree of concern over liability,

which can manifest at any point on the spectrum. For example, a RTW plan that lacks seriousness, rigor

or diligence can greatly increase liability in connection with workplace illnesses. However, a plan that

aggressively implements safety measures could run afoul of privacy, healthcare and employment law.

Only a carefully calibrated plan—considering the operational geography, industry and functions of the

business/organization—will succeed in reducing the risks of returning to the workplace.

>1000

501-1000

101-500

1-100

29.76%

34.52%

23.81%

11.90%

How many people does your

company employ?

(n=336)

76-100%

51-75%

26-50%

0-25%

13.69%

9.23%

29.17%

47.92%

What percent of your workforce

is considered essential workers?

(n=336)

>10

7-10

3-6

0-2

What is the size of your company’s

in-house legal department?

(n=337)

6.53%

13.06%

68.55%

11.87%

Survey Demographics

The sample of respondents represents 30 states and two Canadian provinces (Manitoba and Ontario),

as well as a strong cross-section of our clients and industries.

2020 Return-to-Work Survey Results

Immediate Workforce Impacts

What percent of your workforce is

currently working from home?

(n=335)

What percent of your workforce will be working in your

physical workspaces once stay-at-home orders are lifted?

(n=330)

Do you anticipate allowing members of your workforce to telework?

(n=336)

2.38%

Yes No Not applicableNot sure

Most Significant RTW Legal Considerations (n=195)

67.56% 11.01% 19.05%

2020 Return-to-Work Survey Results

Workplace Safety Planning & Implementation

Mandatory use of PPE like masks, gloves, etc.

Use of contact tracing apps or similar technology

Testing employee body temperature

Use of a regular testing regimen for COVID-19

Use of regular testing regimen for antibodies

Alterations to workplace layout/scheduling to adhere to social distancing

Advanced cleaning protocols

Quarantining procedures

Individualized RTW/WFH plans for COVID-19 high-risk employees

Ongoing travel restrictions

Use of new remote locations

Reduce workspace/footprint

New procedures for customers/clients/visitors Changes to health insurance coverage

What safety measures is your company contemplating and/or implementing for a COVID-19 RTW protocol?

(n=276)

Already implemented Slated for implementation Under consideration Not under consideration

Need to change wiring and furniture configurations

Available square footage for changes

Increased work-from-home leading to unused space currently under lease

Not sure

Changes to current co-working work stations

Not applicable

Changes to public areas

0 10 20 30 40 50 60 70 80

Are you concerned about your current facility readiness to support a return-to-work process? If so, what area

is of the greatest concern from both health/safety and financial cost perspectives?

(n=247)

70.07% 21.61%

15.61%

16.91%

65.30%

73.03%

59.85%

73.21%

26.49%

11.24%

34.20%

22.64%

10.99% 23.81%

43.49%

59.19%

43.59%

30.48%

19.85%

58.21%

38.77%

54.01%

46.30%

33.09%

33.46%

17.88%

18.28%

30.80%

13.14%

21.11%

20.45%

16.91%

12.41%

10.58%

16.42%

27.54%

20.44%

29.26%

36.80%

39.97%

13.11%

huschblackwell.com

About Husch Blackwell’s Return-to-Work Team

Husch Blackwell has brought together attorneys from across our firm to help clients plan and

implement a responsible and effective strategy for reopening their workplaces to employees,

clients and customers in the wake of the COVID-19 pandemic. Our team features subject-matter

expertise across all relevant areas of law—including labor and employment, healthcare, data

privacy and litigation—as well as a deep understanding of industry-specific regulations and how

mandates from all levels of government impact operations.

Throughout this crisis, our attorneys have produced a robust collection of articles and resources

to assist clients in thinking through how to respond to the challenges they face.

COVID-19 ToolkitOur vast collection of articles, blogs, podcasts and media interviews, organized by legal practice area.

View COVID-19 Toolkit

State-by-State GuidanceThis site within a site organizes all state and local orders by state and features daily updates as well as an

archive of orders related to government mandates on stay-at-home provisions, essential businesses and

more.

View State-by-State Guidance

CARES Act UpdatesThis resource features a set of FAQs and regular updates regarding the various relief measures implemented

via the CARES Act, including information on the SBA loan initiatives and relief measures aimed at larger

businesses.

View CARES Act Updates

Return-to-Work Resource CenterA growing collection of content to assist businesses in returning to their workplaces.

View Return-to-Work Resource Center

If you have any questions, please reach out to your Husch Blackwell attorney, or use the dedicated email

address, returntowork@huschblackwell.com. We’re here to help.