Business Re-Entry – What Should Employers Be Considering Before Opening Their DoorsWe recently presented to the Nashville Area Chamber of Commerce via webinar on “Business Re-Entry – What Should Employers Be Considering Before Opening Doors?” The link to the webinar is below. In this webinar, we discussed developing a plan for re-opening, communication tips for employees regarding returning to work, and screening considerations for employees returning to work, as well as an update on the Paycheck Protection Program. Here are a few takeaways from the webinar:

  • Excluding employees of a certain age or high-risk employees from returning to work may cause issues under the Age Discrimination in Employment Act and the Americans with Disabilities Act. Employers cannot discriminate against employees on the basis of age. Under the ADA, before excluding a high-risk employee from returning to work, employers should determine whether there is a direct threat to the employee or others, and if so, whether that direct threat can be reasonably accommodated by allowing the employee to work at home.
  • The EEOC is permitting employers to take employees’ temperatures during the COVID-19 pandemic, but developing a policy on return to work/COVID-19, identifying symptoms that employees are prohibited from working with, and then trusting employees not to come to work with those symptoms may be a more practical approach.
  • When communicating with employees on returning to work, it is important to stay positive and make employees feel like they are returning to a safe work environment by explaining that employee safety is a top priority, explaining the workplace policy on trying to prevent the spread of COVID-19, explaining steps you have taken to protect employees, and explaining the screening policy.

Click the below .pdf version of this blog post to use as a reference guide as you’re developing your re-opening plans

Business Re-Entry – What Should Employers Be Considering Before Opening Their Doors

 

 

 

 

 

 

 

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Photo of Chuck Mataya Chuck Mataya

Chuck Mataya acts as lead counsel for prominent employers throughout the United States in the counsel and defense of employment and labor claims, including claims of wrongful discharge, breach of an employment contract, illegal discrimination under the various federal and state laws, and…

Chuck Mataya acts as lead counsel for prominent employers throughout the United States in the counsel and defense of employment and labor claims, including claims of wrongful discharge, breach of an employment contract, illegal discrimination under the various federal and state laws, and myriad other areas of employment and labor law. He is a frequent lecturer on topics related to labor/management relations, including the Americans with Disabilities Act, drug testing and privacy issues, the Fair Labor Standards Act, Anti-Harassment in the Workplace, Title VII, and discipline and discharge policies and procedures.

Photo of John P. Rodgers John P. Rodgers

John Rodgers represents public and private employers in employment-related litigation and assists them with employment policies, employee handbooks, workplace investigations, disciplinary actions, and terminations. He actively litigates employment disputes on behalf of employers and has handled discrimination and retaliation, wage and hour, FMLA…

John Rodgers represents public and private employers in employment-related litigation and assists them with employment policies, employee handbooks, workplace investigations, disciplinary actions, and terminations. He actively litigates employment disputes on behalf of employers and has handled discrimination and retaliation, wage and hour, FMLA, and non-compete cases in both state and federal court. He also devotes substantial attention to ERISA litigation and representing individuals and businesses in conservatorship matters.