key considerations for us employers/media/files/insights/events/... · 2020-06-06 · going forward...
TRANSCRIPT
Beyond the curve: returning to work
Key considerations for US employers
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Before we begin
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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.
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Agenda Presenters
Where are we now?
Planning the reopening
Preparing the workplace
Preparing employees
What’s next?
Resources
Joseph GuarinoPartner, EmploymentNew York [email protected]
Margaret KeanePartner, EmploymentSan [email protected]
Cathryn Le RegulskiPartner, EmploymentNorthern [email protected]
Michael MassiatteOf Counsel, [email protected]
Miriam PetrilloOf Counsel, [email protected]
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Where are we now?
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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)
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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
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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
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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
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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)
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Preparing the workplace
Prioritize health and safety
• Implement good hygiene and infection-control practices
• Adopt robust cleaning and disinfecting protocols
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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
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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
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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
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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
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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
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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
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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
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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
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Thank you
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