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Returning to Work Post-Quarantine: Employment Issues and Compliance

Social Distancing, Health Reporting, FLSA, Attendance, ADA Accommodations

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, May 26, 2020

Recorded event now available

or call 1-800-926-7926

This CLE course will focus on the employment issues related to the reopening of businesses following shelter-in-place orders. The panel will discuss topics related to in-office social distancing and how to address wellness concerns and ADA accommodations while addressing attendance and performance concerns. The webinar will guide counsel on compliance with existing employment restrictions in conjunction with the series of measures created by federal and local officials to address the current pandemic to tailor a specific plan for reopening.

Description

As the global economy begins the slow process of reengagement, employers have specific concerns they will need to consider and be prepared to address. Employers must be familiar with all applicable social distancing requirements as they relate to their industries and how the physical workplace may need to be reshaped to accommodate those restrictions. Our panel of employment law practitioners will address whether an employer can and should provide protective gear.

Additionally, employers must determine the wellness of their returning staff, including being prepared to address medical concerns while simultaneously complying with existing privacy and employment law restrictions. Businesses should be equipped with a plan to handle employees who object to in-office settings or are unable to return to the office due to lack of childcare and compliance with the Families First Coronavirus Response Act or other issues. Management must determine what procedures to establish if a local or state shelter in place order is reestablished or an employee tests positive for COVID-19 after the business has reopened.

In the haste of addressing this pandemic, employers may have failed to consider several wage/hour and payroll matters. Employers should consider how to potentially recapture their employees' shares of benefit contributions previously made by an employer during a furlough. Employers must comply with state and federal notice requirements on any wage or pay changes as well as clarify to their staff what current performance expectations and evaluations will be and how requests for ADA accommodations will be handled.

Listen as our expert panel addresses these evolving issues and provides practical advice on how to strategically handle a business reopening while mitigating risks for future employment claims.

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Outline

  1. Office reopening
    1. Social distancing
    2. Office setup
    3. Provision of PPE
  2. Employee health and wellness
    1. Medical checks and quarantine
    2. Childcare concerns
    3. Positive COVID-19 and new shelter-in-place restrictions
  3. Employer policies
    1. FLSA issues
    2. Performance expectations
    3. ADA accommodations

Benefits

The panel will review these and other issues:

  • What should employers do to address social distancing and how may offices need to be arranged to accomplish this?
  • What type of PPE can and should employers provide?
  • Can employers require wellness checks and temperature readings to return to work?
  • What can an employer do with an employee uncomfortable or incapable of returning to a reopened business?
  • What can companies do to address FLSA concerns?
  • How best can performance be evaluated and expectations set during this crisis?

Faculty

Glowacki, Megan
Megan S. Glowacki

Partner
Thompson Hine

Ms. Glowacki focuses on counseling management clients on all areas of labor and employment law. Her practical and...  |  Read More

Spiller, Keith
Keith P. Spiller

Partner
Thompson Hine

Mr. Spiller is a member of Thompson Hine's Executive Committee and the former practice group leader of the...  |  Read More

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