Federal, state, and local COVID-19 pandemic mitigation strategies have included both government shutdowns of all but essential businesses and “social distancing” guidelines. In preparing to reopen at some point in the future when safe and legally permissible, employers should consider a written re-opening plan for the workplace as it:

• Demonstrates to employees, customers and the public an employer’s preparedness to reopen
• Facilitates re-opening more efficiently by providing guidance to employees in advance
• Helps employees to return to a worksite by mitigating possible concerns of employees
• Provides a litigation defense tool in response to a legal complaint against an employer filed with a government agency or court by showing good faith, reasonable measures and precautions to safeguard employees and the workplace

The Nelson Mullins Employment and Labor Practice Group is equipped to assist employers and businesses in developing a comprehensive, written reopening plan. Each plan should be customized for employers and businesses based on a number of factors, including the level of infection risk, existing office workspaces and number of employees. Each plan will function similar to an employee handbook for use by management and employees. The subjects covered by the plan include:

1. Access to the workplace, including screening of employees and visitors/vendors
2. Sanitary conditions such as cleaning and wiping surfaces, availability of sanitizing equipment, personal protective equipment
3. Physical setup (including workplace social distancing), remote work arrangements and staggered schedules
4. Isolation facility (for sick employees)
5. Testing
6. Management and employee training
7. Leave management
8. Return to work protocol after illness
9. Wage and hour matters

Contact Mitch Boyarsky, Kristin Ahr, Bret Cohen, or any member of the Employment and Labor Practice Group for questions and to begin your reopening and return-to-work planning.