Connect with us

Business News

COVID-19: Answers to everything employers are asking right now

(BUSINESS NEWS) Can an employee refuse to work for fear of COVID-19 infection? Can we put employees on unpaid leave of absence? Can we ask for medical information? One Texas law firm answers these and other questions.

Published

on

covid-19 work from home

Our globe is officially somewhere we haven’t been in modern history, as the COVID-19 pandemic chokes off businesses worldwide, leaving confusion in its wake. Employees have been Googling their rights, but employers are in an equally tenuous position.

Fortunately, Texas law firm, Bell Nunnally is on top of it, not only putting together a library of resources, but noting, “we know your business is determined to continue forward, as is ours. Our attorneys and staff, along with our files and documents, remain fully accessible, as they always have been.”

To that effect, they published a full list of questions and answers on Tuesday, and the following guidance is in their own words from Bell Nunnally website:

U.S. employers are in uncharted territory in the wake of the Coronavirus pandemic. The following is guidance for employers based on the information currently available. As the situation continues to evolve on a daily basis, our team will continue to keep you apprised of relevant developments. As always, please feel free to call us with additional questions.

Can we put employees on unpaid leave of absence?

Yes. Employers in Texas can put employees on an unpaid leave of absence to ensure the safety and security of its workplace. Employers should be careful to use reasonable, non-discriminatory measures to determine who should be put on a mandatory leave. The Occupational Safety and Health Administration (OSHA) has published guidelines for employers to use to protect their workforce.

During the H1N1 pandemic, the Equal Employment Opportunity Commission (EEOC) stated that requiring workers to go home is not disability-related if the symptoms present are akin to the seasonal influenza or the H1N1 virus. Therefore, an employer may require workers to go home if they exhibit symptoms of the COVID-19 coronavirus or the flu. Employers may also consider implementing a mandatory quarantine policy for employees who have come in contact with an infected person or have recently traveled to severely impacted parts of the country or the world, such as Seattle or China. The CDC has issued guidance suggesting the incubation period for the virus can be as long as 14 days so employers may choose to require a 14-day quarantine for employees returning from severely impacted areas. Employers should be careful not to rely on stereotypes or target specific groups by race, religion or national origin in determining who should go on leave.

An extended unpaid leave—especially in the case of a 14-day quarantine—could have a tremendous financial impact on some workers. While not required by law, employers may consider some partial pay options in the event an employee is put on leave due to possible Coronavirus.

Employers should also consider work from home possibilities to allow employees to continue working without risking the health of the workplace.

Congress is considering expanding Family Medical Leave Act protections to families impacted by COVID-19 and requiring employers to provide some form of paid sick leave. As of today, the legislation has not passed the Senate.

Can we ask employees for medical information?

It depends. The Americans With Disabilities Act (ADA) prohibits employers from requiring medical examinations and making disability-related inquiries unless: (1) the employer can show that the inquiry or exam is job-related and consistent with business necessity; or (2) the employer has a reasonable belief that the employee poses a “direct threat” to the health or safety of the individual or others that cannot otherwise be eliminated or reduced by reasonable accommodation. The EEOC’s position during a pandemic is that employers should rely on the latest CDC and state or local public health assessments to determine whether the pandemic rises to the level of a “direct threat.” Given that President Trump declared Coronavirus a “national emergency” on March 13, 2020, it is likely reasonable for employers to make health-related inquires and/or take the temperature of a potentially ill employee. That being said, employers should limit the focus of the inquiry to determining whether the employee may have contracted Coronavirus and limit that information to the smallest number of people that “need to know” in the organization. Employers must protect the health information of employees, which would include any documentation related to Coronavirus to be housed in the employee’s medical file separate from the standard employment file.

What if an employee tests positive for the virus?

  1. Employees who test positive for the virus should be required to notify management as soon as possible. Employers should designate one person with management as the recipient of this information.
  2. The employee should be sent home immediately and instructed to follow up with his or her primary care provider. The employer should not allow the employee to return to work until he or she is symptom-free for at least 14 days.
  3. The identity of the infected employee must be kept confidential and shared only on a “need to know” basis.
  4. Employers should ask the employee to re-trace his or her steps to identify all office areas and co-workers with which the employee interacted.
  5. Extra measures should be taken to sanitize any areas of the office that the infected employee trafficked.
  6. Without disclosing the identity of the infected employee, co-workers who may have had contact with the infected employee should be notified so that they can self-monitor their condition. The employer should also consider having those potentially infected co-workers self-quarantine at home for up to 14 days.

Can an employee refuse to come to work because of fear of infection?

Only if the employee reasonably believes he or she is in imminent danger, which essentially means that he or she reasonably thinks that reporting to work would result in immediate death or serious physical harm. While asking an employee to travel certain parts of the world (i.e., China, Italy) may rise to this level, coming to work in the United States is unlikely to rise to this level based on the information available now. However, employers should remain sensitive to employee fear as we progress through the pandemic and try to work cooperatively with employees to keep everyone safe, calm and working.

Do short term disability or business interruption insurance cover this?

Employers should contact their short term disability carriers to inquire as to whether Coronavirus would be a covered illness under their policy. Often there is a one-week waiting requirement before benefits begin, so in some cases, the employee may not qualify if the mandatory leave is less than one week. Similarly, the employee would not qualify if he or she is asymptomatic but simply quarantined.

Unfortunately, most business interruption policies require some type of property damage for coverage to apply. But employers are encouraged to contact their insurance brokers or carriers to evaluate what coverage may be available.

What if my company is a nonsubscriber to workers’ compensation insurance?

For Texas nonsubscribers to workers compensation employees testing positive for the virus are likely not covered under your work injury benefit plans. The benefit plans are designed to cover only those work injuries suffered in the “course and scope of employment.” For that reason, the benefit plans only cover “occupational diseases” (those encountered exclusively in the workplace), not diseases the general population is exposed to. Even if an employee contends they were infected by a co-worker who was previously diagnosed, it is just as likely that employee was infected outside of work in the multitude manners in which the virus is transmitted in the community.

What should employers be doing?

  • Plan – Develop an emergency response plan, which may include increasing employee ability to work from home in the event of a quarantine.
  • Sanitation – Implement increased sanitation measures, which may include enhanced cleaning of commonly touched surfaces, providing hand sanitizer or gloves and posting signs that require frequent hand washing.
  • Limit travel – For a limited period, consider restricting, or outright banning, travel by regional managers, salespeople and other employees who travel to other locations as part of their work routine. Instead, instruct them to conduct their work by phone or skype.
  • Isolation Policy – Develop a policy on how to reasonably identify and isolate potentially infected employees in a non-discriminatory manner.
  • Hotline – Larger employers may consider setting up a hotline so that employees can report they are experiencing symptoms and receive direction to a company-designated testing facility. Employers can likewise have payment set up with that facility as a benefit for their employees so the testing is free to the employee. As test kits are currently scarce, be advised that facilities are not obligated to test all people desiring a test, only those meeting the CDC testing criteria.
  • STAY CALM. Together, our communities and businesses will get through this.

 

The American Genius is news, insights, tools, and inspiration for business owners and professionals. AG condenses information on technology, business, social media, startups, economics and more, so you don’t have to.

Business News

Walmart delays the launch of its Amazon Prime competing service

(BUSINESS NEWS) Walmart+ is being delayed once again, but the service has yet to be cancelled. Will it be another flop?

Published

on

Walmart+ Amazon

Walmart+, the supposed Amazon Prime alternative of the century, has been delayed from launching until further notice. This marks the second delay of the year.

Vox reports that the Amazon Prime competitor was initially supposed to launch in the first quarter of 2020, but Walmart pushed the release back to July due to Coronavirus concerns. Now, Walmart+ doesn’t have a definitive launch date–indecision that’s easy to chalk up to both the ongoing pandemic and trepidation regarding profitability in an Amazon-dominated world.

Amazon Prime, a service which runs customers $119 per year, has well over 100 million members in the United States; that works out to at least one member in a little over 80 percent of households here. Between its ubiquitous nature and the fact that Amazon Prime members are more inclined to use Amazon frequently than non-Prime members, it isn’t hard to see why a premium Walmart subscription seems a little redundant.

But Walmart doesn’t see it that way. “Walmart executives have hoped the program would strike a balance of being valuable enough that customers will pay for it, while boasting different enough perks from Amazon Prime so that there aren’t perk-by-perk comparisons,” Vox posits. At $98 per year, Walmart+ would include things like same-day delivery, gas discounts, line-skipping, a dedicated credit card, and potentially even a video streaming service.

While there are some clear parallels between Amazon Prime and Walmart+, one can attribute those to convenience rather than imitation. People seem to enjoy having extra streaming options as a perk of Prime, so for Walmart+ to include something similar wouldn’t exactly be inappropriate.

The largest obstacle to Walmart+’s success in a post-Coronavirus world probably won’t have much to do with brand loyalty, but the fact remains that Amazon’s value is so far above and beyond Walmart’s that people who regularly use Amazon Prime aren’t likely to make the switch–and, as mentioned previously, the sheer number of people who have a Prime membership is high enough to be concerning to Walmart executives.

However, for customers who frequently shop at Walmart or live in relatively rural areas, Walmart+ doesn’t seem like a bad gig. It isn’t Amazon Prime, to be sure–but that’s the point.

Continue Reading

Business News

What COVID-19 measures do workplaces have to take to reopen?

(BUSINESS NEWS) Employers can’t usually do medical screenings – but it’s a little different during a pandemic.

Published

on

COVID-19 temp gun

Employers bringing personnel back to work are faced with the challenge of protecting their workforce from COVID-19. The Center for Disease Control (CDC) and the Equal Employment Opportunity Commission (EEOC) have issued guidelines on how to do so safely and legally.

Employee health and examinations are usually a matter of personal privacy by design through the American’s with Disabilities Act. However, after the World Health Organization declaration of the coronavirus as a pandemic in March, the U.S. EEOC revised its guidance to allow employers to screen for possible infections in order to protect employees.

Employers are now allowed to conduct temperature screenings and check for symptoms of the coronavirus. They can also exclude from the workplace those they suspect of having symptoms. The recommendations from the CDC also include mandatory masks, distant desks, and closing common areas. As the pandemic and US response evolves, it is important for employers to continue to monitor any changes in guidance from these agencies.

Employers are encouraged to have consistent thresholds for symptoms and temperature requirements and communicate those with transparency. Though guidance suggests that COVID-19 screenings at work are allowed by law, employers should be mindful of the way they are conducted and the impact it may have on employer-employee relations.

Stanford Health Care is taking a bold approach by performing COVID-19 testing on each of its 14,000 employees that have any patient contact. They implemented temperature scanning stations at each entrance, operated by nurses and clinicians. The President and CEO of Sanford Health Care said, “For our patients to trust the clinical procedures and trials, it was important for them to know that we were safe.”

Technology is adapting to meet the needs of employers and identify symptoms of COVID-19. Contactless thermometers that can check the temperature of up to 1,500 people per hour using thermal imaging technology are now on the market; they show an error margin of less than one-tenth of a degree Fahrenheit. COVID-19 screening is being integrated into some company time-clocks used by employees at the start and end of each shift. The clocks are being equipped with a way to record employee temperatures and answers to a health questionnaire. Apple and Google even collaborated to bring contact tracing to smart phones which could help contain potential outbreaks.

Fever, coughing, and difficulty breathing are the three most common symptoms of COVID-19. Transmission is still possible from a person who is asymptomatic, but taking the precautions to identify these symptoms can help minimize workplace spread. This guidance may change in the future as the pandemic evolves, but for now, temperature checks are a part of back to work for many.

Continue Reading

Business News

Technology that may help you put the “human” back in Human Resources

(BUSINESS NEWS) Complicated application processes and disorganized on-boarding practices often dissuade the best candidates and cause new hires to leave. Sora promises to help with this.

Published

on

employee hiring

Even in a booming economy, finding the right applicant for a role can be a drawn-out, frustrating experience for both the candidate and the hiring manager. Candidates submitting their resume to an automated HR system, designed to “seamlessly” integrate candidates into their HRIS accounts, face the interminable waiting game for feedback on whether they’re going to be contacted at all.

Ironically, this lack of feedback on where a candidate stands (or even if the resume was received at all) and a propensity for organizations to list roles as “Open Until Filled”, overwhelms the hiring manager under a mountain of resumes, most of which will not be reviewed unless there is a keyword match for the role. And if they do somehow manage to see the resume, studies indicate that in less than 10 seconds, they’ll have moved on to the next one.

The problems don’t end there, however. Once the candidate and hiring manager have found one another, and the HR team has completed the hire, the dreaded phase of onboarding begins. During the first few days of a new job, a lack of effective onboarding procedures—ranging from simple tasks like arranging for technology or introductions to a workplace mentor—can be the cause of a significant amount of employee turnover. Forbes notes that 17% of all newly hired employees leave their job during the first 90 days, and 20% of all staff turnover happens within the first 45 days.

The reason, according to Laura Del Beccaro, Founder of startup Sora, is that overworked HR teams simply don’t have the bandwidth to follow up with all of those who are supposed to interact with the new employee to ensure a seamless transition experience. Focusing on building a template-based system that can be integrated within the frameworks of multiple HRIS systems, Sora’s focus is to set up adaptable workflow processes that don’t require the end-user to code, and can be adjusted to meet the needs of one or many employee roles.

In a workplace that is becoming increasingly virtual, out of practicality or necessity, having the ability to put the “human” back in Human Resources is a focus that can’t be ignored. From the perspective of establishing and expanding your team, it’s important to ensure that potential employees have an application experience that respects their time and talent and feedback is provided along the way, even when they might not be a fit for the role.

Take for example the organization who asked for an upload of a resume, then required the candidate to re-type everything into their HRIS, asked for three survey responses, an open-ended writing task, a virtual face-to-face interview, *and* three letters of reference—all for an entry-level role. If you were actually selected for an in-person interview, the candidate was then presented with another task that could take up to two hours of prep time to do—again, all for an entry level role.

Is that wrong? Is it right? The importance of selecting the right staff for your team can’t be overstated. But there should be a line between taking necessary precautions to ensure the best fit for your role and understanding that many of the best candidates you might find simply don’t want to participate in such a grueling process and just decide to move on. There’s a caveat that says that companies will never treat an employee better than in the interview process and in the first few weeks on the job—and that’s where Sora’s work comes in, to make certain that an employee is fully supported from day one.

Bringing on the best to leave them without necessary support and equipment, wondering at the dysfunction that they find, and shuffled from department to department once they get there creates the reality and the perception that they just don’t matter—which causes that churn and disconnect. Having your employees know that they matter and that they’ll be respected from day one is a basic right—or it should be.

Continue Reading
Advertisement

Our Great Partners

The
American Genius
news neatly in your inbox

Subscribe to our mailing list for news sent straight to your email inbox.

Emerging Stories

Get The American Genius
neatly in your inbox

Subscribe to get business and tech updates, breaking stories, and more!