The Impact of COVID-19
The unprecedented impact of COVID-19 has created a new batch of issues for employers across the country.
On March 11, 2020, the World Health Organization (WHO) declared the COVID-19 Coronavirus Outbreak as a pandemic.
At the time of writing, a mere six days later, there were 219,032 confirmed cases of COVID-19. (Update 3/23/20 – 373,647 cases) Troubling symptoms coupled with historic drops in global markets have left billions of people negatively impacted by the pandemic. In response, governments have taken unprecedented action to protect their economy and citizens, leading to new challenges for employers and employees.
General Guidance
This is a tough time. Over the next few weeks, we’ll be posting updates on new requirements and guidance to help you stay informed and up-to-date on all the impacts of COVID-19.
What steps can an employer take to reduce the risk of exposure and transmission of COVID-19?
Advise employees to follow standard recommendations for protecting against illness, including:
- avoiding close contact with anyone showing symptoms of respiratory illness such as coughing and sneezing;
- maintaining basic hand hygiene, maintaining basic respiratory hygiene;
- refraining from touching eyes, nose and mouth;
- regularly cleaning and disinfecting frequently touched items and surfaces;
- seeking medical care early when experiencing potential symptoms of a coronavirus.
Be aware of travel advisories issued by the federal government and avoid business travel if possible. Consider conducting the business remotely to prevent unnecessary travel, if possible.
Consider implementing a contagious disease policy to communicate to employees how the virus and other infectious diseases will be addressed in the workplace.
What safety guidance should employers be following?
OSHA has published Guidance on Preparing Workforces for COVID-19. Employers without a current plan for pandemic events should prepare as far in advance as possible for potentially worsening outbreak conditions.
May an employer ask an employee who is exhibiting symptoms of COVID-19 to stay home or leave work?
Yes — an employer may ask employees exhibiting symptoms to seek medical attention and get tested. Employees who exhibit symptoms at work should leave the workplace. If you believe an employee could potentially be infected, ensure you’re taking all precautions necessary to protect yourself and your employees.
If I’m closed, am I required to pay my workers?
Generally speaking, no. Nonexempt (hourly) employees who are not working are not typically entitled to wages. A nonexempt employee must be paid only for time the employee actually spends working. Exempt (salaried) employees need not be paid for any workweek in which they perform no work. However, exempt employees must be paid their entire salary if they perform any work during the seven-day workweek. Deductions may not be made for time when work is not available during the workweek.
If my worker becomes sick and I don’t offer paid sick leave what should I do?
At the time of writing, there is no mandate to expand paid sick leave. Once H.R. 6201 is enacted (likely in the next 15 days), paid sick leave requirements will expand and you’ll be responsible for complying with the new regulation.
Although not required, many experts recommend that employers consider paying employees when they should miss work due to illness but cannot afford to lose wages. This helps create a healthier employment relationship and a more productive work environment.
Can an employer encourage employees to work remotely in an effort to control transmission?
Yes, if the work performed can be done remotely. The Equal Employment Opportunity Commission (EEOC) has stated that remote work is an effective strategy to control transmission of the coronavirus. Employees with disabilities that put them at high risk for complications associated with COVID-19 may request to work remotely as a reasonable accommodation to reduce chances of infection. Employers are urged to take these requests seriously.
Does OSHA consider COVID-19 a recordable illness?
Yes, the Occupational Safety and Health Administration (OSHA) has deemed COVID-19 a recordable illness if an employee is infected while on the job. If a worker contracts the virus while at work or traveling for work, an employer would be required to record the illness according to Occupational Safety and Health Act (OSH Act) requirements.
How should an employer handle interviewing during the coronavirus pandemic?
For the health and safety of all involved, an employer should refrain from in-person interviews during the coronavirus pandemic. Instead, employers should consider other forms of remote and video interviewing and hiring via phone calls or online platforms such as Skype, Zoom or Google Hangouts.
May an employer require an employee to travel for business despite the employee’s fears of the coronavirus?
If an employee expresses concern over traveling due to the coronavirus, evaluate the reasonableness of the concern. With the rapid spread of the coronavirus, it may be a difficult call to make as an employer. Each day, employees become more justified in wanting to avoid travel.
Technically, OSHA standards state an employee can refuse to work only where there is an objectively reasonable belief that there is “imminent death or serious injury.” If you decide the employee’s concerns are not reasonable, then you should explain your reasoning and educate the employee on ways to reduce the risk of exposure to the coronavirus.
This article is not a substitute for legal advice.
