E M P LOY E R CO N S I D E R AT I O N S F O R R E T U R N I N G E M P LOY E E S TO WO R K

McFadden Davis, LLC

Webinar Presented by ELS Attorneys

Chandra C. Davis Tennille C. Hoover

Jamala S. McFadden Halima H. White

Chandra C. Davis, ELS Partner Co- Founder of The Employment Law

Solution: McFadden Davis, LLC (ELS)

18 years of employment law experience

Former Trial Attorney, Equal Employment Opportunity Commission

Advises and conducts training sessions on ADA, FMLA, Title VII, ADEA, GINA, and FLSA

Represents public and private employers in lawsuits brought under federal, state and local employment laws

More Questions Than AnswersWho do we listen to?

When do we open?

Which employees do we bring back?

COVID-19 Pandemic the “Great Reset”

This Photo by Unknown Author is licensed under CC BY-SA

Discussion RoadmapCOVID-19: Do you have an RTW Plan?

Welcome & Mindset- Chandra Workplace Preparation Considerations- Tennille Employee Relations Considerations- Jamala Minimizing Legal Exposure- Halima Questions- Chandra

Employer MindsetFluid Changes

Employer Goals• Reduce transmission among employees

• Maintain productive business operations

• Maintain a physical and mental healthy work environment

Flexibility and Grace

Tennille C. Hoover, ELS AttorneyRepresents and advises employers in litigation before federal and state courts

Conducts workplace audits and investigations on workplace compliance

Past HR director experience

Certified Senior Professional in Human Resources

2020 Super Lawyers Rising Star

University of Minnesota Law School

Worksite Considerations

CLEANING PROTOCOL

1. Deep cleaning

2. Inspect the HVAC system

3. Adequate soap and water or alcohol-based hand rubs

4. Sanitation of shared equipment

5. Avoid hazardous materials

SAFETY PROTOCOL

1. Sick or exposed workers stay home

2. Medical screening and PPE

3. Regular handwashing and use of hand sanitizer

4. Social distance employees

5. Limit or avoid group gatherings

6. Travel restrictions

A Worker Becomes Sick, Now What?

1. Worker’s Compensation

2. OSHA

3. Determine FFCRA eligibility

4. Notify impacted individuals

5. Maintain anonymity of the worker

6. Arrange for a professional cleaning

7. Respond to CDC , OSHA or health department inquiries

Jamala S. McFadden, ELS PartnerNearly 20 years of practice

10 years large firm practice representing Fortune 500 employers, jury trial experience

Former law clerk to federal judge

Admitted to practice in GA, IL, MI

University of Michigan Law School, Michigan Law Review

Top 100 Lawyers and Top 50 Women Lawyers in Georgia, Georgia Superlawyers

RTW: When, who and how?• When to return employees to work?

Federal, state and local guidance

Compliance with reopening rules

Industry openings

Practical business considerations

• Who should return to work and when?

Phased approach

Risk-level associated with various

positions

Employees with known/disclosed

disabilities and risk factors

Least number of people onsite

Volunteers?

Document! Document! Document!

Employees who cannot or do not want to return

• Work with employees individually to

determine reasons for return concerns

◦ Health concerns: disabilities,

vulnerable populations

Interactive process; reasonable

accommodations?

FFRCA, FMLA?

Child or dependent care obligations

Sick leave, PTO

Extended leave – paid or unpaid

Reduced hours

Exposure to public

◦ Temporary revised job duties?

Unemployment benefits

Employment separation

Revisit policies and training needs• Temporary or permanent policy changes? Reporting when sick or experiencing symptoms of COVID-19

New/flexible leave policies

Attendance

Paid Time Off

Remote work

◦ Front-line manager training

New and temporary policies and protocols

Discrimination and retaliation

Key Tool: CommunicationCommunication as a tool Manage anxiety, fear, stress, rumors

Promote employee morale

Key RTW communication points:

Company’s health and safety measures

Timeline for returning employees to work with scale up plans

Channel for employees to report concerns

New/temporary policies

Employee Assistance Programs

Patience and flexibility: “We do not know right now”

Halima H. White, ELS Attorney19 years of experience

Bilingual attorney with international experience

Jury trial and hearing experience

Training and investigations

Multi-plaintiff and class action experience

Vanderbilt University Law School

Minimizing Legal Exposure Relying on Guidance

CDC Guidance

OSHA Guidance

Georgia Governor's Guidance/Other Governors' Guidance

Industry Organizations' Guidance

Minimizing Legal Exposure

Title VII and ADEA – Who do you bring back to work first?

ADA – Taking Temperatures and Questioning Returning Employees?

www.eeoc.gov/coronavirus

Minimizing Legal Exposure

OSHA – How do you achieve a safe work environment?

HIPAA – How do you inform employees of potential exposure without disclosing private

health information?

Minimizing Legal Exposure

FFCRA

NLRA

Employee and Customer Data – Increased Hacking Efforts

Negligence

Minimizing Legal Exposure

There will be lawsuits.

Inform your insurer immediately.

Engage an attorney early – even at the advice stage.

Get a legal opinion.

Questions

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www.theemploymentlawsolution.com 678-424-1380