international employment law firm alliance L&E Global
USA

7. Best Practices

The following checklist represents a high-level overview of issues to guide your thinking about how to re-open most effectively while mitigating your business and compliance risks:

Develop a Return to Work Plan
• Consider reopening and other orders specific to your state and/or county
• Procure supplies and make workplace modifications required for safe operations
• Identify individuals who will be brought back to work using neutral selection criteria
• Identify those who can continue to work remotely; consider more formal telework plans
• Determine changes to exempt status, compensation and schedules (e.g., staggered shifts)
• Consider workshare and unemployment insurance implications
• Determine updates that must be made to I-9 Employment Verification Forms and E-Verify
• Anticipate unique needs of various vulnerable employee populations
• Notify employees of return to work with established dates and, if they were terminated, rehire documents
Implement Policies and Practices to Ensure Safe & Lawful Return to Work and New Operating Realities
• COVID-19 related protocols (screenings, medical inquiries, temperature checks, fitness for duty, use of Personal Protective Equipment (PPE), modified work practices to enhance social distancing and address infection control)
• Prepare/update existing policies to address new laws related to use of leave and/or accommodations (FFCRA leaves, state/city mandated supplemental sick leaves)
• Develop policies related to off-duty conduct
• Impose appropriate limits on business travel (domestic and international), in-person meetings, seating proximity
• Train employees on new policies, protocols and rules
• Consider job description updates to reflect changes in job duties and essential job functions
• Consider how to adhere to regulations on changes in terms and/or conditions of employment for any employees on temporary visas
• Update immigration sponsorship policies to account for new business realities
• Create business continuity plan(s)
Anticipate Responses to COVID-19 Related Scenarios Upon Employees’ Return to Work
• Whether an employee’s health, contacts or behaviors raise safety concerns
• Employee leave requests for school closures, illness, to care for others or because they are or live with an individual in a vulnerable population
• Employees who are capable of but unwilling to work from home
• Employees who are asked to report to work but prefer to and able to work from home
• Employees who share rumors or concerns of employees or customers being sick
• Employees requesting information about another’s (employee/customer) health condition
• Employees engaging in collective or other protected activity to raise safety concerns
• Non-exempt employees emailing and/or working outside normal business hours

Any questions

Ask our member firm Jackson Lewis in USA