KemLaw

Covid-19 continues to roil the nation with increasingly large numbers of new infections.  The problem is so bad that some states are rolling back their reopening plans.

If you’re an employer with workers in multiple states, knowing how to manage the variable work rules around COVID-19 by state can be difficult.  Managing workplaces with spiking infection rates can also be complicated.  Here are some things to consider:

• Monitor COVID-19 infection levels on a state-by-state and county-by-county basis.
• If you employ staff in a state requiring the reclosing of that state’s office(s), follow all state and local rules. Some states may choose to close on a county-by-county basis.
• If you see a spike in cases at one of your business locations, reconsideration of a remote work plan may be required, regardless of state and local edicts.
• If there is a spike in new cases in a region where you have a facility and there are no state or local mandates on reclosing, how you space the workers in each effected facility becomes a critical consideration.
• Spiking cases in a region or facility may require a re-evaluation of the job functions performed by employees there. If some or all employees can work remotely, allow them to do so whenever possible.
• If you decide to require your employees to work at your facility, only do so if you can provide personal protection gear while also meeting all local and state requirements.
• Avoid confusion in your workforce by making sure to communicate with employees about why certain precautions are being taken in one or more locations – but not in others.
• If you decide to close one or more locations independent of a government edict, always use consistent criteria for closure (i.e., percentage of infected employees, etc.).
• If you’re forced to keep one or more facilities open while closing others, expect impacted employees to challenge your decision.
• If you must close a location entirely, weigh the pros and cons of layoffs versus furloughs. Furloughs often provide employers with greater flexibility while avoiding the need to hire and train new employees when the crisis ends.

If you’re an employer and have questions about labor and employment law, and COVID-19 in particular, consider calling on the attorneys at Kainen, Escalera & McHale in Connecticut.  We do one thing and one thing only – we are exclusively an employer defense law firm – in fact, we are one of the largest employer defense law firms in the region. What’s more, each of our attorneys has over 25 years of experience in employment law and labor law matters and can provide your business with comprehensive legal counsel ranging from assistance with necessary preventive measures to trial advocacy.  Please contact us if we can help you.

The information provided above is made available by Kainen, Escalera & McHale, P.C. for educational purposes only.  It is not intended to provide specific legal advice to your individual circumstances or legal questions. You acknowledge that neither your reading of, nor posting on, this site establishes an attorney-client relationship between you and our law firm, or any of our attorneys. This information should not be used as a substitute for seeking competent legal advice from a licensed professional attorney in your state nor is it provided for the specific purpose of soliciting your business on any particular matter. Readers of this information should not act upon anything communicated in it without seeking professional counsel.