employer guidance

July 1 2020

Can My Employees Sign A COVID-19 Waiver?

People Person Human Resources coronavirus, covid-19, employee rights, employer guidance, employment law, human resources, OSHA, re-opening, re-opening plan, waiver 0

As we have all learned, businesses are opening up again, and we know that you are doing your best to keep company doors open while keeping employees and customers healthy.

Some businesses may be wondering if there is a COVID-19 waiver or acknowledgement that employees can sign before returning to the workplace which reduces or eliminates your liability as an employer.

What is a Waiver or Release of Liability?

In simplest terms, a waiver is a document in which an individual “waives” or renounces certain rights or claims. In this instance, a COVID-19 waiver would require an employee to release their employer of any liability arising from a claim which suggests that they may have contracted COVID-19 or a related illness in the workplace. By signing such a document, the goal is for employees to indemnify and hold harmless their employer for any liability in connection with their contracting the virus while at work. This waiver would have the employee take on the assumption of risk and, as such, agree to not sue or seek out compensation from their employer for damages.

Ramifications for Such a Waiver

Requiring employees to sign a COVID-19 waiver is problematic for a few reasons. First, the Workers’ Compensation system is typically the only way employees can recover damages for injuries and illnesses contracted while in the workplace. Employers are not permitted to have employees waive their rights to file claims in these instances. Furthermore, while it may be difficult to prove that the employee contracted COVID-19 while in the workplace, many states, including California, have enacted laws stating that aside from certain proof that the illness was contracted elsewhere, an employee is presumed to have contracted the virus during the course of their work and will most likely be eligible for a Workers’ Compensation claim.

Additionally, by having employees sign a waiver, employers may be viewed as attempting to circumvent or avoid their statutory obligation to follow the Occupational Safety and Health Act (OSHA) and provide employees with “employment and a place of employment, which are free from recognized hazards that are causing or are likely to cause death or serious physical harm.” Having employees sign a COVID-19 waiver is essentially requiring the employee assume the risk of an unsafe workplace, violating the above obligation for employers.

The waiver also does not protect employers from having to implement increased precautions regarding employee health and safety. Employers will still have to make a good-faith effort to show they have procedures and policies in place to mitigate risk, in accordance with the regulations and guidance released in their jurisdiction. If they do not, they open themselves up to an OSHA investigation.

Finally, even if these waivers become enforceable, having employees sign a COVID-19 waiver can significantly affect employee morale, as well as your company’s reputation. Employees who are already hesitant about returning to the workplace will become more so, likely concerned that their employer isn’t doing their part to protect them, or, at the very least, isn’t confident in their plan to minimize risk.

Alternative to a Waiver

So, what can employers do to reduce liability and keep employees safe?

The first thing you should do is comply with CDC and OSHA regulations, as well as state and local guidance. Ensure you have social distancing policies and enhanced cleaning protocols in place. Do not allow employees or visitors into your building should they have symptoms, have been in contact with someone with symptoms, or have tested positive for COVID-19. Clearly communicate these policies to employees before they return to the workplace.

Make sure employees understand the role they play in keeping their workplace safe. It’s a joint effort between employers implementing policies and employees following those policies.

Employers can also have employees sign an acknowledgement stating they have received, read and agree to adhere to the company’s policies and practices for mitigating the spread of COVID-19. This acknowledgement can include language stating that employees will be disciplined for not adhering to the workplace policies, while considering any disabilities or accommodations necessary. It can also have employees acknowledge that there is a risk, but that the employer values their safety and has implemented these policies to protect the employee. These strategies will show that the employer took action in good faith to reduce the possibility of employees contracting the virus while at work.

In Summary

As the economy begins to open up again, there is an increased risk of introducing COVID-19 into the workplace, even when an employer takes all the proper precautions. With that said, we at People Person do not believe that a COVID-19 waiver is an effective way of releasing employer liability. Not only is it highly unlikely that the document would be enforceable, but it can also have other unintended legal consequences.

As such, we recommend that businesses follow the guidelines and do everything they can to provide a safe workplace for their employees. As always, we are here to help you get there.

Do you need to discuss your COVID-19 plan?

Your helpful People Person team is here for you!

Let's discuss your company's needs

April 30 2020

Re-Opening Your Business In The Age of Covid-19

People Person Human Resources business, coronavirus, covid-19, employer guidance, human resources, human resources consultant, re-opening, re-opening plan 0

On April 16^th, President Donald Trump, with the input of public health experts, announced guidelines for “Opening Up America Again,” a non-binding, three-phased approach to end the country’s various stay-at-home orders. At the outset, the plan lays out set criteria that governors and local officials should satisfy before opening up their state or municipality. Many state and local officials have already been taking steps to allow businesses and public access areas to reopen, while following best practices to continue minimizing the spread of Covid-19. So, what does this mean for your business? Are you prepared with an action plan to reopen while keeping your employees safe and healthy?

Best Practices for Keeping Everyone Healthy

Of course, the number one priority when considering how to resume business operations is the health and safety of your workforce. The CDC has released a guideline for employers outlining best practices for reopening. Recommended actions include creating a cleaning and disinfecting plan or intensifying the current plan, promoting healthy hygiene practices, and implementing safeguards for ongoing monitoring of employees. In following the guidelines provided by health officials, businesses and employees will greatly reduce their chances of catching or spreading the coronavirus upon resuming operations.

The Cleaning and Disinfecting Plan

Before welcoming your staff back with open arms, you should create and implement a stringent cleaning and disinfecting plan for your facility. The plan should cover, WHAT, HOW, and WHO. What needs to be cleaned? How are we going to clean? Who is going to be cleaning? Answering these questions while drafting the cleaning routine will help ensure you have a detailed plan ready to combat Covid-19 in your workplace.

What needs to be cleaned? Look around your workspace and facility. Make a note of the areas which are frequently used and highly trafficked. Entrances, lobbies, restrooms, and breakrooms are typically the most traveled areas in any office and will require the most time spent in cleaning and disinfecting. The CDC advises that areas unoccupied for 7 or more days should be routinely cleaned. This means that the focus of your cleaning and disinfecting plan should be on those areas that are occupied within the previous 7 days, as well as surfaces that are frequently touched. You should also maintain your current cleaning procedures for outdoor areas, given that sunlight and warmer temperatures may be deadlier on the virus.

How are we to clean and disinfect these areas and items? Now that you know the areas to focus on, how to clean those areas depends on the surfaces within. According to the CDC, non-porous, hard surfaces can be disinfected with most common EPA-registered household disinfectants. For fabrics and other materials, check the care label and follow manufacturer cleaning instructions.

Along with the cleansers and disinfectants, it’s important to provide the cleaning staff with the items they will need to tackle the situation. Be sure to stock up on cleaning solutions, labeled spray bottles, wipes, paper towels, rags, and any other supplies needed. Employers should provide their cleaning staff with Personal Protective Equipment (PPE), both to safeguard them from potential infection and against the harsh cleaning agents. Be sure to read the labels of the solutions and disinfectants to ensure the PPE is appropriate for the product being used. You may need to take it a step further and provide training on how to use the cleaning supplies and PPE. Always be sure to follow OSHA guidelines for any cleaning supplies you provide.

The cleaning plan is coming together nicely. Time for the final step.

Who is going to be cleaning? Depending on your business, this might be the hardest part of the plan to map out. If you already have a dedicated cleaning and maintenance team, perfect! You can move on to how to prepare them to implement the plan. But if you’re like many businesses, you may not have thought of this. If that’s the case, you’ll want to consider the pros and cons of hiring an outside company, hiring part-time cleaning staff, or rearranging roles within the company. What you choose will depend on your individual business model and current company situation.

Your cleaning plan is complete and it’s time to start implementing. As employees begin coming back to the office and you see areas of frequent use or maybe parts of the plan that need tweaking, revise the plan as necessary. Some areas might need more frequent cleaning, or maybe a new disinfectant is necessary due to product availability. Keep an eye out for how your cleaning practices are working or not working, and make changes as needed.

Promoting Healthy Hygiene Practices

Before opening your doors again, you will want to consider the protocols to implement among the staff to keep contact and the spread of germs to a minimum. Aside from the cleaning plan, think about ways to continue to encourage social distancing. Can workspaces be rearranged to provide for a minimum of 6-feet of distance between individuals? Is teleworking still feasible for some to allow for fewer individuals in the facility at once? Might there be a way to arrange the return to work in shifts or phases? It might be helpful to choose to close off certain areas where employees congregate. Employees can be encouraged to use video conferencing for any meetings, thus allowing you to close the meeting rooms. Indoor breakrooms could have their seating removed and employees encouraged to take their breaks outside. This can also cut back on the time spent cleaning each of these areas.

It’s also helpful to keep in mind any employees who have recently traveled. A two-week quarantine period where the employee remains at home upon return could go a long way in preventing any possible transmission. Similarly, if you usually allow clients or visitors from out of the country, out of the state, or even just from a different county, what policies can be put in place to minimize risk?

When employees begin to return, distribute information on why they are seeing all these changes around the office. Encourage them to come up with ideas on how they think their workspace can become more “distance friendly.” Remind them to follow proper hygiene by coughing and sneezing into their elbows or tissues, wash their hands frequently, and avoid coming to work if they are having symptoms. Explaining why these policies are in place can have the positive impact of getting everyone on board and becoming more diligent about their health and wellness, as well as those around them.

Implementing Ongoing Safeguards

Ongoing safeguards for monitoring employees’ health are recommended as a defense against allowing the virus to take hold in your workplace. The White House recommends developing policies for lawfully checking employees’ temperatures, disallowing employees or vendors to enter the building if they are exhibiting symptoms until cleared by a health provider, and what to do if an employee does test positive for Covid-19. But because around 25% of Covid-19 positive cases show no symptoms, according to the World Health Organization, the screening is not a sure-fire way to prevent illnesses among your workforce. This screening needs to go hand in hand with other policies and procedures to be most effective.

When creating and implementing these policies, it’s important to keep in mind any local or state laws governing employee privacy and protections.

Opening Your Doors

Congratulations! Now your business can invite employees back in. Naturally, some will be anxious about integrating back into the public world. Depending on how widespread the disease was in your community, employees can be downright frightened to return. By coming up with a written down plan on cleaning and disinfecting, practicing proper hygiene, and implementing ongoing safety checks, you can help alleviate some of these fears.

Make sure employees are informed of the steps your business is taking to protect their well-being and that of the community. Take their fears and hesitation into consideration when creating and updating the policies. Employee concerns should always be taken seriously and investigated, and there should never be fear of retaliation for any concerns brought forward. Employee safety and well-being is the number one goal in all of these plans and policies.

By taking some time to think about the different facets of ensuring employee and community safety, you have already begun to take positive steps forward in returning your community and business to normal operation.

As always, please feel free to contact People Person if you need guidance on any of the plan steps above. We can help you understand any relevant laws and regulations for your jurisdiction, and assist in implementing a plan that works for you.

Ready to Start Creating Your Re-Opening Plan?

Your helpful People Person team is here for you!

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April 1 2020

How to Maintain A Positive Culture With A Fully Remote Workforce

People Person Human Resources coronavirus, covid-19, employee management, employee morale, employee retention, employer guidance, human resources, human resources consultant, peoplepersonhr, remote workers, remote workforce, stay at home, team morale, working remotely 0

With COVID-19 now rewriting how we’re working for the foreseeable future, many American businesses are trying to navigate how to successfully continue on with a fully remote workforce.

Fortunately, there are many things that business owners and managers can do to make this transition and extension of the workplace easier on their employees and maintain a positive culture for everyone.

While many states are currently adapting slightly varied mandates and suggestions about working, one thing remains clear: The Centers for Disease Control are encouraging all those who can self-isolate to do so, and stay home.

Whether your business has already made this transition or is anticipating it soon, one of the first things to do is to ensure that all remote employees have the right equipment and access required to successfully continue working from home.

Studies of traditional workplaces show that outdated and/or malfunctioning equipment not only creates stress, it also reduces morale. Giving employees the opportunity to take home any equipment (computers, printers, laptops, tablets, etc.) that they would normally use, as well as any furniture they may need, is a great way to help establish a comfortable and familiar office space.

In conjunction with this, employers can also help employees take any necessary steps to stay connected. In a busy office setting, internet and phone access is a given, but in a home setting, it may not always be the case. Employees may be challenged by this, and providing temporary hot spots, signal boosters or other equipment will not only maintain productivity, it also shows support for your employees.

Additionally, if your business is relying on new technology to communicate internally as well as with customers, make sure your employees are comfortable and competent in using video conferencing, electronic meet-up rooms, etc. Doing a quick check-in to answer any technology related questions lets your staff know that you are concerned and want their remote communication to be effective, professional and worry free.

Many people now working from home are finding themselves in a somewhat cramped and chaotic environment, with the possibility of multiple people in the home at one time. Recognizing that home and work life are not only merging, but co-existing, will go a long way in maintaining a positive, supportive culture for your workforce.

Keeping video and other online meetings brief, focusing on email communications and providing a little more flexibility in scheduling is something that all employees will appreciate as they juggle their work life and home life. Focusing on the end result of a task being completed rather than when it is completed, is also helpful. Allowing employees to extend and/or modify their workday hours to meet deadlines can help with time management, and lower stress levels.

For example, you may have an employee who also has children remotely attending school from home, as well as a spouse or partner at home. In these homes, everyone can be staking claim to computers, wifi and workspaces at the same time. Your employee may find that the best time to work is early in the morning or later in the evening when the rest of the family is preoccupied with other activities. Offering the ability to flex those at-home hours can be quite helpful for remote employees under the current conditions.

Additionally, giving employees the ability to step away from the job, even for short periods of time, can help them recharge their batteries during these stressful times. Everyone is trying their best to navigate this new normal during the COVID-19 pandemic, and sometimes life can get overwhelming.

Finally, as in a traditional workplace setting, employees still want to feel valued and appreciated. There are many ways that this can be done remotely and without significant effort:

Regular individual and team recognition for a job well done through a group email.
A direct email that recognizes when an employee puts in extra effort or helps out a coworker is a great way to show your appreciation and keep workplace culture positive.
Regular sharing of remote work anecdotes that others on the team can appreciate and identify with during these unusual working conditions. Everyone is in the same boat right now and humor is the best medicine!
A quick handwritten card, sent via US mail, or even a small token gift sent to employees’ home addresses, can be a morale booster. Investing in a packet of coffee, a coffee mug, flowers, and even something with the company logo can be a great way to remind employees that their work is appreciated.
When employees are allowed to return to the workplace, schedule a team activity that recognizes the effort everyone contributed to keeping things running smoothly.

Nationwide, American businesses and their employees are adjusting to remote workplaces. While this situation may be short-term, American businesses owners and managers are likely to gain some positive knowledge in learning how employees can successfully work remotely. If done right, some businesses may find that they don’t even need a physical office after all.

How can we help you?

Your helpful People Person team is here to help you navigate how to successfully continue on with a fully remote workforce.

Let's discuss your company's needs

March 27 2020

COVID-19: GUIDANCE FOR EMPLOYERS

People Person Employment Law, Human Resources coronavirus, covid-19, employee management, employee retention, employer guidance, furlough, human resources, human resources consultant, layoff, peoplepersonhr, reduced work schedule, unemployment benefits 0

As we all know, the COVID-19 (Coronavirus) pandemic has had a significant impact on employers and employees all over the world. Businesses have been forced to close their doors to comply with stay-at-home orders, and as a result, employees have been impacted by reduced hours, temporary furloughs, and even layoffs.

Industries that are part of the essential infrastructure guidance issued by the Department of Homeland Security, are permitted to remain open, while taking precautions to keep their employees and their customers safe and healthy. Essential businesses are still required to enforce social distancing and take other steps to prevent transmission of COVID-19.

Still, with more people staying home and some consumers having to cut costs, your business may be slower than usual. This leads to some of us having to make difficult personnel decisions. So, what do you need to know as you are faced with these decisions?

If your business has been financially impacted by the current pandemic, and you are considering a reduction in force, you essentially have three options: reduced schedule, furlough, or layoff.

A reduced schedule consists of reducing an employee’s work hours, and only paying them for hours worked. This is easier for non-exempt/hourly employees, but there are federal and state laws which dictate minimum salary requirements for exempt employees. Be sure to check your state’s requirements before making any changes to an exempt employee’s status. Employees may be able to file for unemployment benefits due to a reduced work schedule.

A furlough is a temporary, usually unpaid, leave of absence. Furloughs are generally used as a cost-saving measure, with the intention of having the employee return to work after a designated period of time. During a furlough, the employee retains their seniority, their health insurance, and other benefits. Note that according to your state’s regulations, you may be required to pay out an employee’s earned wages and accrued vacation time on their last day worked, even if the furlough is temporary. Employees may also be eligible to file for unemployment benefits during the furlough period.

A layoff is generally considered to be a reduction in force. It should be tied to a restructure or position elimination, and not related to an employee’s performance. Employers should be careful not to use a “layoff” as a reason for terminating a poor performing employee. If needed, the business must be able to show a viable reason for the position elimination, and the layoff must be handled lawfully in order to prevent any future claims. Layoffs are treated as terminations under the law, and as such, all final pay requirements apply. A laid-off employee is generally eligible for unemployment benefits.

If you own or run a business with 100 or more employees and are planning to lay off more than half the workforce, be sure to check your requirements under the federal Worker Adjustment and Retraining Notification (WARN) Act. Even if your business does not qualify under the requirements for the federal WARN Act, several states have their own “mini-WARN” laws that may apply. Be sure to check your state’s requirements.

Lastly, it’s important you familiarize yourself with the ‘Families First Coronavirus Response Act‘ which goes into effect on April 1, 2020, and applies to businesses with less than 500 employees. This new law offers paid sick leave benefits (up to 80 hours) and paid emergency leave benefits (up to 12 weeks) to employees affected by COVID-19, including but not limited to self-quarantine orders and school closures. You are also required to post a notice (email is fine for those employees who are telecommuting). The notice must be posted and distributed prior to April 1st.

As the regulations are changing and updating rapidly, it’s important to check federal and state guidelines before making any important personnel decisions. The Department of Labor offers an FAQ page which is updated regularly.

If you need assistance implementing any employee related changes and/or have questions about the laws and how to maintain compliance, feel free to contact your HR Business Partner at People Person, Inc. We are here to assist small and mid-sized businesses through this pandemic and beyond.

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