key considerations for us employers/media/files/insights/events/... · 2020-06-06 · going forward...

Beyond the curve: returning to work

Key considerations for US employers

www.dlapiper.com

Before we begin

• The slides and recording will be circulated after the webinar broadcast.

• This webinar qualifies for CLE credit. We will announce the CLE number during the webinar. The certificate of attendance and evaluation will be emailed after the presentation. A link will also be provided at the end of the presentation.

• If you have any technical issues during the broadcast, let us know via the Q&A function, and our team will respond ASAP.

• If you have any questions about the content of the webinar, please use the Q&A function.

• For any other questions, speak to your DLA Piper contact or email us at CoronavirusEmployment@dlapiper.com.

This information does not, and is not intended to, constitute legal advice. All information, content, and materials are for general informational purposes only. No reader should act, or refrain from acting, with respect to any particular legal matter on the basis of this information without first seeking legal advice from counsel in the relevant jurisdiction.

www.dlapiper.com 3

Agenda Presenters

Where are we now?

Planning the reopening

Preparing the workplace

Preparing employees

What’s next?

Resources

Joseph GuarinoPartner, EmploymentNew York Cityjoseph.guarino@us.dlapiper.com

Margaret KeanePartner, EmploymentSan Franciscomargaret.keane@us.dlapiper.com

Cathryn Le RegulskiPartner, EmploymentNorthern Virginiacathryn.leregulski@us.dlapiper.com

Michael MassiatteOf Counsel, EmploymentDallasmichael.massiatte@us.dlapiper.com

Miriam PetrilloOf Counsel, EmploymentChicagomiriam.petrillo@us.dlapiper.com

www.dlapiper.com 4

Where are we now?

www.dlapiper.com 5

Planning the reopening

Get organized

• Create a cross-functional task force to address key issues

• Identify applicable state and local requirements and other relevant guidance (eg, CDC, OSHA, industry groups, think tanks)

www.dlapiper.com 6

Planning the reopening

Build a company-specific plan

• Consider business and workforce readiness

• If remote work is possible, weigh the costs and benefits of reopening

www.dlapiper.com 7

Planning the reopening

Consider a phased approach

• Decide what percentage of workers to bring back

• Evaluate flexible work options (eg, telework, staggered shifts or work days) to ease logistical challenges, promote social distancing, and allow for plan adjustments

www.dlapiper.com 8

Planning the reopening

Develop contingency plans

• Consider what changes may be appropriate going forward to help the business respond

• Prepare for potential future shutdowns due to spikes in infections

www.dlapiper.com 9

Preparing the workplace

Implement physical distancing measures

• Consider changes to the physical workplace (eg, desk/cubical layouts, partitions, floor markings)

• Review gathering policies (eg, limit use of communal areas, use videoconferencing in lieu of meetings)

www.dlapiper.com 10

Preparing the workplace

Prioritize health and safety

• Implement good hygiene and infection-control practices

• Adopt robust cleaning and disinfecting protocols

www.dlapiper.com 11

Preparing the workplace

Determine PPE needs

• Consider whether to require PPE (cloth masks, gloves, etc.) based on requirements and guidance from federal, state and local governments

• Ensure a reliable supply of PPE and monitor recommendations, which may change

www.dlapiper.com 12

Preparing the workplace

Decide on screening/testing protocols

• Determine methods (eg, questionnaire, temperature checks, COVID-19 testing, antibody tests) after considering requirements, needs and risks

• Be mindful of privacy issues and store data as confidential medical information

www.dlapiper.com 13

Preparing the workplace

Plan for exposure issues

• Develop a protocol for symptomatic or COVID-19+ employees consistent with CDC and state and local guidance

• Consider contact tracing obligations

• Determine procedures for notifying potentially exposed employees

www.dlapiper.com 14

Preparing the workplace

Review policies and procedures

• Consider which policies/contracts require review (eg, leave, flexible working, health and safety, travel)

• Carefully craft policies and related employee communications prior to implementation

www.dlapiper.com 15

Preparing employees

Decide “who” will return

• Make selections based on legitimate business considerations (and any applicable CBAs)

• Discuss options with employees who express concerns and consider obligations under applicable laws

• Consider new hire issues

www.dlapiper.com 16

Preparing employees

Focus on employee communications and training

• Ensure frequent and transparent communications

• Communicate new policies and procedures

• Establish clear channels for employee questions and concerns

• Remind employees of anti-discrimination, harassment and retaliation obligations

www.dlapiper.com 17

Preparing employees

Consider health and wellness issues

• Examine health plans to determine whether changes may be desirable

• Consider whether to expand offerings (eg, childcare, financial wellness programs)

• Be mindful of requirements under the ADA and applicable state disability laws

www.dlapiper.com 18

What’s ahead – charting a new path through disruption

NOW NEXT NEW• Strategize for business

transformation

• Build corporate resilience

• Consider new ways of working and talent strategies

• Explore digital transformation and automation opportunities

• Anticipate policy and regulatory responses

• Prioritize worker health and safety

• Focus on customer-/ consumer-driven safety

• Mitigate litigation risks

• Remediate financial impacts

• Manage workforce needs and concerns

• Monitor federal, state and local regulation and guidance

• Consider cost-saving measures

React Resume Reimagine

Coronavirus Resource Center

About DLA Piper’s Coronavirus Resource Center

• Find COVID-19 updates, alerts and resources across all practice groups and sectors

• Watch past webinar recordings, and sign up for upcoming webinars

• Subscribe to the COVID-19 mailing list

• View podcast episodes

https://www.dlapiper.com/en/us/services/coronavirus-covid-19/?tab=key-topics

GENIE

About GENIE

• 60+ country guides

• “COVID-19 Daily Update for Employers”

• “COVID-19 Return-to-Work Update” and materials

www.dlapipergenie.com

www.dlapiper.com 21

Thank you

Any questions? Speak to your DLA Piper contact or email us at

CoronavirusEmployment@dlapiper.com