May 14, 2020
As our country reopens, business owners need to prepare their workplaces. It is not going to be easy to reopen your office or jobsite. There are a lot of precautions that you will need to take to keep your employees safe and to avoid lawsuits.
- Establish and implement a plan in case the business is exposed to a probable or confirmed Covid-19 case.
- Clean and disinfect high-touch areas.
- Prevent large groups from entering or leaving the building by staggering work start and stop times.
- Limit the number of people in employee common areas; conduct meetings and trainings virtually.
- Limit necessary in-person meeting to 10 or fewer people.
- Make sure employees have access to soap, hand sanitizer, and disinfectant wipes.
- Provide non-medical masks for employees to wear at all times.
- Discourage non-essential visitors.
- Communicate these procedures to all employees.
It is also advisable to practice social distancing in the workplace. Instruct employees to keep six feet apart whenever possible, partition off personal workspaces, mark off chairs and spaces which cannot be used, and take other precautions that make sense for your business. Keep in mind that not providing a healthy work environment could lead to lawsuits.
Peter Frattarelli
, chair of Archer & Greiner’s labor and employment department, was quoted in the article as saying “ when employees first return employers can take their temperature before they enter the office or ask a series of questions about their health.”
The article also points out that employees have an obligation to return to work if an employer has demonstrated a good-faith effort to establish a safe workspace and comply with guidelines. Furloughed or remote employees are required by labor law to return to work unless they are exempt due to health reasons or by the Family First Coronavirus Response Act (FFCRA).
Some employees might want to stay furloughed because they are earning more income through enhanced unemployment benefits provided by the CARES Act. Refusal to accept the offer to return to work is equivalent to resignation.
Frattarelli said an employer has three options in this situation. Place the employee on unpaid leave, accept their resignation, or terminate them. He does not advise termination, because it could open up potential legal claims as the employee could change his or her story to create a potential discrimination case.
Use common sense when dealing with employee health concerns. Allow employees that are not comfortable returning to work remotely, if possible. Also encourage workers to stagger coming in if it is fitting for their position. There is a lot you can do to help put an employee at ease as long as it is appropriate for your situation.
Feel free to contact any member of our team at (610) 828-1900 (PA) or (732) 341-3893 (NJ) with questions. Rich Higgins, CPA, managing principal – New Jersey office can be contacted at
Richard.Higgins@MCC-CPAs.com
. I can be reached at
Marty.McCarthy@MCC-CPAs.com
. As always, we are happy to help.
Stay safe,
Marty McCarthy, CPA, CCIFP
Managing Partner
McCarthy & Company
Source: Reopening the office: Masks, temperature checks, reluctant workers. Employment lawyers answer your questions. Jeff Blumenthal. Philadelphia Business Journal. May 13, 2020.
Disclaimer: This alert is for informational purposes only and does not constitute professional advice. Information contained in this communication is not intended or written to be used as tax advice, and cannot be used by the recipient to avoid penalties that may be imposed under the Internal Revenue Code. We strongly advise you to seek professional assistance with respect to your specific issue(s).
