As Rhode Island business leaders balance the desire to safely return to the workplace with efforts to keep the organization running smoothly, a resurgence of COVID-19 cases has led to new restrictions and caused increased uneasiness among some workers concerned about returning to work.
This combination can make conditions ripe for potential employee claims in the areas of employee leave, wages and hours, workplace safety and discrimination. How can employers mitigate the pitfalls and safeguard their recovery? Here are some best practices for business leaders to consider:
Review employment legislation. Keeping informed about employment laws, statutes, regulations and agency guidelines from the Centers for Disease Control and Prevention, Occupational Safety and Health Administration, Department of Labor and the Equal Employment Opportunity Commission is always important, but it’s even more critical now. Legislation is constantly changing as the government continues to manage the pandemic. For example, the Families First Coronavirus Response Act was enacted last spring, as was the Coronavirus Aid, Relief, and Economic Security Act. Other laws, such as the Americans with Disabilities Act, were amended to include provisions for the coronavirus. Business owners should determine their responsibilities under evolving laws.
Managers should set clear expectations.
Revise employee handbooks. Employee handbooks should be updated to reflect the federal paid-sick-leave mandate, as part of the FFCRA, as well as any other potential changes to federal and state laws. In addition, telecommuting and return-to-work policies should also be clearly communicated and revised as appropriate.
Comply with employee leave requests. Employee leave requests will increase as the pandemic unfolds. The FFCRA contains the first-ever federal paid-sick-time mandate. It requires employers with fewer than 500 workers to provide employees with 12 weeks of paid time off for various reasons related to COVID-19, including if they become ill or are unable to work or because they must care for a child whose school has closed. It is also important to note that some states have implemented sick laws specifically related to COVID-19 that cover employers with more than 500 employees.
Set clear wage and hour expectations. With more employees telecommuting, companies should ensure that workers are properly classified as exempt or nonexempt, which affects how they are paid, including overtime hours. Nonexempt employees should still seek approval before working overtime. Managers should set clear expectations with employees about hours worked, conduct regular check-ins and promptly address any wage and hour issues. As employees return to work, employers may make additional adjustments to the terms and conditions of their employment, including changes to hours and pay. They should ensure proper documentation of these changes and provide employees with required notices. Employers should also review any restructured positions to ensure they are properly classified.
Address workplace safety. COVID-19 has expanded the scope of safety in the workplace, as employers consider how to decrease the spread, reduce the impact and maintain a healthy environment. The CDC offers general employer guidance about safety and OSHA provides safety recommendations for certain industries.
Employers have a responsibility to provide a safe workplace, and owners should consider creative solutions. It might even be a good idea to ask employees for suggestions, helping them feel more positive about a safe return.
It behooves employers to seek assistance from a human resources professional or an employment attorney to remain compliant and avoid the pitfalls associated with COVID-19.
Eric Cormier is a manager of human resources services in Rhode Island for Texas-based Insperity Inc., which provides human resources and administrative services.