HEALTH AND SAFETY TIPS:
- Develop an infectious disease preparedness plan
- Identify risks and exposure within the workplace
- Encourage frequent hand-washing and social distancing
- Actively encourage sick employees to stay home
- Follow CDC, OSHA, and state law guidance
BUSINESS OPERATION TIPS:
- Develop, distribute, and implement a return to work policy that addresses workplace safety such as testing, telecommuting, and altered schedules
- Develop, distribute, and implement a cleaning operation plan
- Address employees that are unable or unwilling to return to work
- Be aware of potential implications with the ADA
- Decide whether to test your employees
- If you decide to test, be aware of medical confidentiality requirements
- Comply with paid sick leave laws such as the FFCA
- Be mindful of wage and hour issues for non-exempt employees
- Avoid Discrimination Claims
- When recalling laid off or furloughed workers, be careful to review selections for a disparate impact in order to avoid claims of discrimination
- When applying any medical test criteria in a decision to send an employee home, or when making a decision to ask an employee to not return to work, it is important to do it uniformly
- Resist the urge to send home, or keep home, older employees, employees with underlying health conditions, and employees who are pregnant, due to safety reasons
- Prepare for future closures
LAWS PERTAINING TO COVID-19 AND RELATED ISSUES:
- Family First Coronavirus Response Act (FFCRA):
- Provides aid and paid sick leave for employees
- Expands FMLA leave time for COVID-19 related issues
- Americans with Disabilities Act (ADA):
- Protection from workplace discrimination based on disability
- Worker Adjustment and Retraining Notification Act (WARN):
- Provides direction and guidance with respect to layoffs and furloughs
- WARN requires employers with 100 or more employees to provide 60-days advanced written notice to displaced workers
- Coronavirus Aid, Relief and Economic Act (CARES): Unemployment Compensation
- Temporary expansion of unemployment compensation for individuals effected as a result of COVID-19
- CARES Act: Tax
- CARES Act provides eligible employers with up to three favorable tax provisions:
- employee retention tax credit
- deferring social security taxes owed as payroll taxes
- payments of student loans by employers can be excluded from gross income
- CARES Act provides eligible employers with up to three favorable tax provisions:
- Occupational Health and Safety Act (OSHA):
- General duty on employers to provide a safe workplace free from recognized hazards that are likely to cause death or serious harm
- Obligated to provide personal protective equipment to employees
HELPFUL RESOURCES:
- https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html
- http://www.ctdol.state.ct.us/DOLCOVIDFAQ.PDF
- https://www.cbia.com/ct-coronavirus-resources/
- https://portal.ct.gov/-/media/Coronavirus/COVID-19-FAQs.pdf%E2%80%A6
- https://portal.ct.gov/Coronavirus/Information-For/Business-Resources
Written by: