CEO GUIDE TO:

Reopening Your BusinessIn the COVID-19 Era

TOP 6 STEPS for leaders to safely reopen, maximize business resources, and thrive in the economic recovery

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When can you Reopen?

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Identify Who Comes Back to Work First, & How

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Employee Refusal to Return, Time-Off & Leave Requests

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Maintaining Health & Safety in the Workplace

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Hiring, Onboarding & Re-Entry

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Planning for Financial Growth & Certainty

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Additional COVID-19 Resources

Stay informed to stay ahead.

Up Front

IN BACK

Now that all 50 States have reopened in different ways, CEOs are pressed to determine whether and how to safely open up their workplace. From reconfiguring the office in order to maintain proper social distancing to navigating which employees can and should come back to ensuring compliance with the rapidly changing CDC and OSHA guidelines - there’s a lot at stake when deciding if it’s time to reopen.

While every organization must tackle its own unique challenges, there are many common COVID-19 issues related to reopening every CEO should think about.

This guide shares what CEOs and leaders of small and medium-sized businesses should evaluate when considering reopening, along with practical ways to ensure a successful rollout of your reopening goes as smoothly as possible. We also note a few legal and HR-related hurdles to anticipate and how to best overcome them during and after restarting operations.

Set for success.

Contents

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WHEN CAN YOU REOPEN? The ability to reopen depends on the physical location and industry your business belongs to.

Before you begin evaluating whether or not you should reopen, you need to know if you can. Since shelter-in-place orders are governed by state and local law, start by paying attention to what your governor, county representative and mayor are sharing about specific dates for reopening. And because states are restarting their economies with different phased-reopening approaches, certain business sectors (e.g., retail, barber shops, restaurants, etc.) are allowed to reopen in some way within each phase.

If your business is eligible based on the state and local directives as well as any industry-specific requirements, but you’re getting mixed messages from your governor and mayor on when you can reopen, what should you do? Follow what is most protective to your employees and whatever is most restrictive to your business. For example, if your governor is allowing your business to reopen tomorrow, but your mayor recommends waiting to reopen for three more weeks, you need to follow the mayor’s guidance.

Why go the more cautious route? To avoid potential exposure to liability. Within any shelter-in-place order, there are both civil and criminal penalties. That means you could be slapped with a fine, or in some cases even face time in prison for not complying. Besides the penalties contained within the orders from your public officials, if you do reopen early and some employees make a complaint or file a lawsuit because they became sick from coronavirus in the workplace - it’s

going to be an uphill battle. Other government agencies, like OSHA, can also potentially audit certain businesses. If they find out you reopened too quickly, they can fine you as well.

ADDITIONAL TIPS

If your business can reopen, follow what is most protective to your employees AND follow the most restrictive government guidelines to avoid uphill battle against civil or criminal penalties for reopening. ___ There is absolutely no obligation to reopen, even if your business is eligible to. ___ Your HR professional is going to be key in guiding you through blending legal and communications for reopening. ___ There are a lot of legal requirements in reopening - most all are related to ensuring safety and health, which vary state by state. Check with your lawyer and familiarize yourself with CDC, OSHA and any state-specific department of health guidance for health and safety when reopening.

Who returns first?

Determine which employees or departments should return first based on most critical business needs. Work with your HR person on documenting this selection process to provide evidence of non-discriminatory selection criteria for your records. Extend telecommuting policies Your team may look like a hybrid of certain people working from home more permanently and others working in the office. When reviewing which job functions are most needed in the workplace, you’ll likely need to extend your work from home policy for some team members.

Stagger schedules

Similar to your local grocery stores that are only allowing a certain number of people in at a time, the same applies for workplaces. Decide how you can reduce the number of employees in your office at one time to meet local capacity reopening requirements. This could mean setting up some sort of staggered system like having a group of employees come into the office on Mondays, Wednesdays and Fridays, and the other group comes in on Tuesdays and Thursdays. If you decide to extend your work from home policy, check the ADA for the latest “reasonable accommodation” requirements your specific business needs to provide qualified individuals with a disability or under union/employment contracts. You should also review FLSA for requirements for paying employees and non-exempt workers.

IDENTIFY WHO COMES BACK TO WORK FIRST, & HOW

Depending on the size of your team and workplace, it’s unlikely all employees will be able to return at the same time. A few things to consider when calling staff back to the workplace:

MAINTAINING HEALTH & SAFETY IN THE WORKPLACE

Cleaning & disinfecting Review the CDC, OSHA and state-specific cleaning regimens with your HR person and update your sanitation policies. Determine what cleaning procedures and materials your specific business needs, how often will you clean, who will clean and where you will clean. As daunting of a task as it may be, it’s the employer’s responsibility for providing a safe and healthy workplace.

Personal Protective Equipment Decide on what PPE, like masks and gloves, will be mandatory. For example, you may require your employees to wear masks during work hours in the office when social distancing is not possible (e.g., common shared space like the kitchen). For the mandatory items, it is best if the company can provide them or offer to reimburse employees - but check availability before offering.

Training manual for your managers and employees Update your training manual for both your managers and employees and make sure they’re clear on the steps they can take to protect themselves at work (e.g., staying home when sick, social distancing, PPE, hand hygiene practices, etc.). Sometimes it’s explicitly within the reopening order itself that you must educate your employees on what coronavirus is, what the symptoms are, and how to reduce the spread.

Rearranging the workplace

Gone are the days of high-density, open floor plan offices we were witnessing just months ago. Separate desks by six feet of space, establish one-way walkways, limit the amount of people who can use a conference room (if at all), and add markings to the floor so people can maintain a distance of six feet apart. If you have the ability, offer outdoor work and break areas to accommodate social distancing. Your employees will appreciate this!

Controlling the number of people entering your workplace

Do you want your front desk person to have authority in managing the amount of people in/out? Set this individual up for success: work with your HR person to offer him/her guidance on how to best communicate with employees or visitors when the office has reached capacity.

Designate a COVID-19 workplace coordinator You may have the most well thought out workplace health and safety plan in place vetted by HR, legal and so forth, but what happens in practice is yet to be seen. Your designated COVID-19 workplace coordinator will be the eyes and ears on the ground to assess employee and visitor behaviors, what surfaces may have been overlooked, and more to determine what adjustments can be made going forward.

Many employees are understandably nervous about the risk of being exposed in the workplace. By visibly implementing and communicating what all you’re doing to reduce the risk of transmission in the office will be important in gaining their trust and confidence in returning.

“51% of Americans said they were concerned about going back to the office because they are worried about getting sick.” SOURCE: PWC

- Continued

Created by Oleksandr Panasovskyi

from the Noun Project

Employee COVID-19 Screening A lot of the reopening rules from the states and local jurisdictions require businesses to put in place some level of screening. Typically under the Americans with Disabilities Act (ADA), medical examinations are not permitted; however, because of the direct threat posed by the pandemic, the Equal Employment Opportunity Commission (EEOC) has green lighted mandatory medical testing of employees for COVID-19 under the ADA. Review FDA guidance on what may or may not be considered safe and accurate testing, as well as guidance from CDC or other public health authorities. Depending on the risk of potential exposure in your workplace, the three main screening methods to choose from include:

1. “Molecular” (nose swab) COVID-19 Test

2. Temperature Checks

3. Daily Emailed Questionnaires When testing or screening, be sure to keep all records confidential in a separate medical file. Also be consistent with all employees. It’s ok to screen based on certain business objectives, like only testing members of a particular department because they interact more with the general public. If you single out some members or your team, and not others, that can give rise to possible distrimination claims. If an employee refuses to be screened or tested, ask why they are concerned and see if they bring up anything that can be protected under the law (e.g., religious objection or medical condition).

Exposure risk planning Have a designated room to use for isolating an employee that shows symptoms of COVID-19 Review the symptoms of coronavirus on the CDC website Separate the individual who is showing symptoms (or has been reported to be by a colleague) in the designated room; if there’s a serious concern, you can always talk to them by phone from across the office Ask them if they’ve been showing any of the symptoms from the CDC list. If their answer is yes, the most cautious advice is to send that person home and to: • Contact local health department for next steps • Determine all employees/visitors who may have been exposed • Determine all areas the employee worked to temporarily close down and deep clean • Notify all employees exposed that there is a suspected or confirmed case employee with symptoms • Ask employees exposed to work from home/stay home for two weeks • Maintain confidentiality of the employee who is sick, as required by the ADA If the employee says they are not showing any of the symptoms, circle back with the employee who made the complaint to reassure them you looked into it and that they are not showing any other symptoms consistent with coronavirus. Reiterate everything else the company is doing to keep a safe and healthy work environment.

“52% of U.S. employees say their employer has communicated a clear plan of action for COVID-19.” SOURCE: GALLUP

MAINTAINING HEALTH & SAFETY IN THE WORKPLACE

Created by tajhin palappa

from the Noun Project

While it’s not a legal requirement to follow the CDC guidelines and local health dept guidance , it’s good risk mitigation and smart business best practices to do so.

___ If it’s stated within your state or local reopening conditions that you should follow the CDC guidelines, you should no longer take them as guidelines - follow them as mandatory.

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ADDITIONAL TIPS

HIRING, ONBOARDING & RE-ENTRYSoft skills will be really important for CEOs during and after a business reboot. CEOs that take extra effort to listen and empathize, offer flexibility where possible, and communicate with transparency and compassion can foster greater loyalty and trust with your current and future employees.

Address employees concerned about returning to work How can you motivate employees reluctant to return to work out of fear of exposure to the virus? The short answer is remain flexible, be understanding, and communicate.

“73% of working professionals are suffering from burnout, compared to 61% in mid-February.” SOURCE: BLIND

- Continued

Provide clear, transparent and timely communication about what health and

safety measures the company is taking in order to reopen.

Lean on your HR person or equivalent to help you in providing regular

employee communications to help employees understand new company

policies and guidelines around returning.

Check in with your employees on how they are feeling about the return and

if they are experiencing any stressors, like unavailable child care or caring for

a sick loved one.

Think through what training your managers need to be successful in re-

engaging employees.

Find flexibility for working parents, in particular working moms, who are

either caring for relatives at home or who do not yet have access to their

normal child care.

ADDITIONAL TIPS

Recruiting in a COVID-19 world Some businesses have already pivoted to hiring candidates for flexible roles or within their existing team. If you’re in a position to recruit, what questions can you ask candidates when interviewing post-COVID-19 closures? And what about legally testing candidates for COVID-19, rescinding offers because of COVID-19, etc.? The EEOC released guidance on testing job applicants for COVID-19 clarifying that employers may screen job applicants after making a conditional offer, as long as the employer does so for all entering employees in the same type of job. In addition, the EEOC outlines that employers have the following options when dealing with applicants or new hires who have COVID-19 or recently presented any of its symptoms: Delay the start date of an applicant with COVID-19 or its symptoms; Withdraw job offers to applicants who have COVID-19 or its symptoms if they need the applicant to start immediately; Require employees to work from home, and they may decline to hire applicants who refuse to work at the company’s designated work location, whether that be onsite or remotely.

Review salaries and benefits

As a result of the pandemic, many employers had to cut salaries, furlough and lay off employees. If you haven’t already done so and your pay review cycle is happening during this time of year, think about if you’re going to forgo pay increases or make pay cuts - and if so, when you’ll be revoking them. Work with your HR person and legal team to navigate pay status changes, like: Reducing salaries Exempt employees, those who are salaried and not eligible for overtime, are paid their entire salary for any work completed in a week according to the FLSA. So don’t change their pay status midweek - do it the following week or pay period. You also need to communicate this change to your employee the moment you make the decision or soon thereafter. Pay equity audits If you’re going to implement pay cuts, make sure it does not affect a certain individual, like a minority in the workgroup. You must use the same objective criteria across the board. Returning employees Review what forms, like I-9s and W-4s, need to be updated. Check with your benefits broker to see if benefits can continue or if you need to re-enroll everyone.

Workers’ compensation

If an employee alleges they contracted COVID-19 while at work, the employee would likely be eligible for unemployment. However, this depends if the infection took place under the following two circumstances: 1. Infection in course of employment the illness or disease must be “occupational,” meaning that it arose out of and was in the course of employment; and 2. Infection from normal work conditions the illness or disease must arise out of or be caused by conditions peculiar to the work and creates a risk of contracting the disease to a greater degree and in a different manner than in the public generally.

Payroll in this digital landscape To help your business with payroll while maintaining social distancing, consult your payroll provider about issuing paycards instead of paper checks. Paycards Are a reloadable debit card that allows employ- ers to give them to their employees and deposit paychecks onto the cards instead of printing checks or using direct deposit. Payroll processing May be one area that can be performed remotely, barring any legal or regulatory compliance specific to your business that would otherwise prevent you from doing so. Make sure that more than one person is capable of performing payroll duties and that those employees can perform those tasks either from home on existing company-issued computers or that they have the right equipment to process payroll.

“Over 40 million Americans have filed for unemployment during the pandemic—

real jobless rate over 23.9%, according to U.S. Department of Labor”

SOURCE: FURTUNE

HIRING, ONBOARDING & RE-ENTRY

23.9%

Continued

Reopening guidelines may clash with previously passed legislation such as COBRA or provisions made in the Families First Coronavirus Response Act (FFCRA) so it’s important to understand what rights you and your employees have:

OSHA grants workers the right to refuse to work if they believe there is a threat within the workplace that could cause immediate or imminent harm. Follow guidance issued by both the CDC and OSHA to determine that your situation fits the criteria and is permissible for employees to refuse to work.

The National Labor Relations Act (NLRA) extends protection to employees (in union and non-union settings alike) to engage in “protected concerted activity for mutual aid or protection.” Such activity has been defined to include circumstances in which two or more employees act together to improve their employment terms and conditions, although it has been extended to individual action expressly undertaken on behalf of co-workers.

EMPLOYEE REFUSAL TO RETURN, TIME-OFF & LEAVE REQUESTS

With the pandemic affecting everyone and everywhere so differently, employers should anticipate some employees will refuse to return to the office for reasons that will go beyond those who have disabilities or serious health conditions. Most SMBs are wanting to do right for their employees - respecting their wishes and comfort levels in returning. At the same time, they’re trying to keep their businesses alive. How can you, the CEO, legally and ethically respond to employees who refuse to return to work and additional leave requests?

“Emergency Paid Sick Leave exists not only to help people who are sick, but to give people time to go to the doctor and get the diagnosis. Employees must be actively seeking medical diagnosis within these two weeks to be eligible for sick leave pay,”

MARK SCHULZ, CLIENT SERVICES TEAM MANAGER, ASURE

What’s protected under the federal law?

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employee’s regular rate of pay where an employee, who has been employed for at least 30 calendar days, is unable to work due to a bona fide need for leave to care for a child whose school or child care provider is closed or unavailable for reasons related to COVID-19.

Additional legal considerations

Work with your lawyer to understand and plan ahead for additional situations where an employee may be legally covered to refuse to return to work. For example:

If an employee shares they are high-risk for COVID-19 complications with underlying medical conditions, Emergency Paid Sick Leave could come into play if the person is advised by their healthcare provider to self-quarantine. In this scenario, you’ll need to go down the ADA interactive process realm and see if there’s reasonable accommodation for this person to allow them to continue performing their job. More often than not, this can be resolved by offering telecommuting.

See if other protections could apply under state and local laws, like types of protected groups within your city or state. For example, Washington has put in place a mandate from the governor if an employee is

over 65 years of age or has an underlying medical condition, employers need to make feasible modifications for them to work.

Set up a policy for how your workplace is going to be handling emergency paid sick leave and FMLA under FFCRA AND how you’re going to administer in a way to ensure you’ll receive tax credits for those leaves.

What’s not protected under the federal law?

You’re not legally required to offer them time off if an employee is:

Scared to return to the workplace, but they have no sort of underlying medical condition (or healthcare provider note) for fear of returning to work

Living with someone who’s high-risk, unless that person is being cared for by your employee

Communicating with an employee who refuses to return to work

This largely depends on the type of HR practices you’d like to follow. Pre-COVID, it may have been important to business leaders to consider the emotional and wellbeing of their employees, but it likely wasn’t a daily top of mind thing in order for you to run operations and maintain workforce productivity. COVID-19 is new territory for employees

and business owners alike. CEOs will do well by understanding the fears and feelings their employees are experiencing as they lead into the transition back to full operation.

1. Sync up with your HR person on how to best communicate to any employee who expresses concerns, fears or stressors about returning to work.

2. Ask why they are concerned about returning. Keep the question general as the ADA forbids employers from directly asking employees anything about disability. For example:

Do not ask, “Do you have an underlying medical condition and is that the reason you’re scared to return?”

Instead, you could ask: “Why are you concerned about returning?”

3. If the individual brings up something that can be protected under the law, take it seriously. Initiate the steps you need to follow through, based on the reason they mention.

4. No need to go through each and every detail, just reiterate some of the measures you’re taking as a company that prioritizes the safety and health of your employees.

5. Depending on what aspect was brought up, let him/her know

you may ask the HR person for more information to be able to answer their question completely.

6. If the employee is scared to return to work, is not entitled to Emergency Paid Sick Leave, and does not want to work remotely, help them feel safe and review their options: See if they’d like to take unpaid leave of absence or follow the company’s attendance policy to take time off. Communicate that if they don’t return at all, you will need to find a replacement and potentially terminate.

NOTE: If someone is fired, and they make a complaint they were refusing because the workplace health and safety requirements were not being met - you could be in hot water for this. Make sure you’re adhering to the health and safety requirements within your state before initiating the termination.

Consolidated Omnibus Budget Reconciliation Act (COBRA)

Check with your benefits provider on any options and guidance they may have to offer you for extension of health insurance programs to employees. For example, during a public health emergency you may be eligible to receive a subsidy to help your laid-off and furloughed employees afford COBRA premiums.

The Emergency Paid Sick Leave Act (EPSL), part of the First Coronavirus Response Act (FFCRA), provides that employees of covered employers are eligible for:

2 weeks (up to 80 hours) of paid sick leave at the employee’s regular rate of pay where the employee is unable to work because the employee is quarantined (pursuant to Federal, State, or local government order or advice of a healthcare provider), and/or experiencing COVID-19 symptoms and seeking a medical diagnosis; or

2 weeks (up to 80 hours) of paid sick leave at two-thirds the employee’s regular rate of pay because the employee is unable to work because of a bona fide need to care for an individual subject to quarantine (pursuant to Federal, State, or local government order or advice of a healthcare provider), or to care for a child (under 18 years of age) whose school or child care provider is closed or unavailable for reasons related to COVID-19, and/or the employee is experiencing a substantially similar condition as specified by the Secretary of Health and Human Services, in consultation with the Secretaries of the Treasury and Labor; and

Up to an additional 10 weeks of paid expanded family and medical leave at two-thirds the

Take advantage of tax deferral and tax credits.

There are several tax credits and deferrals available to help small businesses cope with the economic impact of COVID-19, including a fully refundable tax credit equal to 100% of the qualified sick leave wages (FFCRA Paid Sick Leave), a tax credit for 50% of qualifying wages paid between March 13 and December 31, 2020 (CARES Employee Retention Credit) and deferral of employment tax deposits. Business owners should seek advice from tax professionals to see which credits would most benefit their business.

Stop managing your payroll and taxes manually.

Qualifying for loan forgiveness and tax credits will require impeccable records and accurate payroll calculations. SMBs find their payroll and compliance software providers have become an invaluable partner in their efforts to leverage and benefit from COVID-19-related stimulus programs, tax credits, and leave requirements. Implementing a software that manages your payroll and taxes also means avoiding costly manual errors and IRS penalties that stunt growth. Cut down on labor costs

with a time and attendance tracking tool.

Pre-COVID, more than 40% of the nearly 400 small and medium-sized business owners we recently surveyed responded that they spend most of their time tracking employee time and attendance. Now, compliance requires even more time tracking and record keeping for busy small business owners. And, with labor being the biggest expense for most businesses, mismanaging overtime while trying to do more with less is a non-negotiable. Cloud-based time and attendance systems can ensure your team is tracking their time accurately, reduce unnecessary costs associated with time theft and “buddy punching,” eliminate inefficiencies around time off requests, and help your business stay compliant.

Work with an HR service provider.

Since the FFCRA bill passed, both you and your employees may have questions about what’s changed, what’s the same, and what everyone needs to know. There is also continuous guidance released by organizations that may require your attention, such as OSHA and the CDC. An HR service provider can help you by staying up to date on the latest as well as be you and your employees’ go-to source for any questions. This will help you focus on the business instead of understanding complex employment law.

As you gradually reopen your business, remain flexible. Expect to take all of the steps and considerations above all over again. Stay on top of the latest orders and guidance issued by federal, state and local governments as well as public health officials. Create a COVID-19 ninja crew with a solid HR person, lawyer, payroll expert, onsite COVID-19 workplace coordinator, and of course your team. Communicate frequently with your team. And focus on unlocking their full potential so together your business can not just survive, but rebound during the pandemic.

PLANNING FOR FINANCIAL GROWTH AND CERTAINTYWays to work with fewer resources and smaller budgets to both survive and rebound from the pandemic.

Additional COVID-19 Resources

Stay informed to stay ahead

CENTERS FOR DISEASE CONTROL AND PREVENTION (CDC) The CDC provides hundreds of resources and best practices for stop-ping the spread of COVID-19, including a helpful list of FAQs. Pay close attention to their latest announcements, like their guidance on cancelling or postponing any mass gatherings. Meanwhile, the ‘Interim Guidance for Businesses and Employers’ section will be valuable to any companies planning their COVID-19 strategy.

WORLD HEALTH ORGANIZATION (WHO) Viruses don’t respect borders, which means that any successful fight against COVID-19 will take a global effort. Coordinating this response is the job of the WHO, a specialist agency of the United Nations. The World Health Organization’s daily press briefings offer a reliable way to keep up with the spread of the disease, and the actions and strategies being taken to stop it across the world.

NATIONAL INSTITUTES OF HEALTH (NIH) The NIH’s website provides scientific deep-dives into how COVID-19 and similar diseases work. These resources are regularly updated in line with the latest research. Within the NIH, another good resource to follow is their sub-organization—the National Institute of Allergy and Infectious Diseases—headed by prominent immunologist Dr. Anthony Fauci.

STATE AUTHORITIES While the fight is global, often the most relevant information for employ-ees and employers is local. CNN has prepared a thorough list of health departments’ COVID-19 websites for every state. You should also track information from your state’s governor, as well as governors from any other states that may be of interest to your business (e.g., if you have a facility and employees in that state, if you have customers in other states, etc.) for any possible new regulations or curfews in your state. Many states and cities are also offering both localized health information and advice for businesses and employees affected by the novel coronavirus.

THE NEW YORK TIMES’ CORONAVIRUS HUB The New York Times has launched a news hub dedicated to covering the pandemic. It’s free of charge and includes up-to-date news coverage, maps by regions, countries, and U.S. states, and other useful information to help you stay abreast of the latest developments.

INTERNATIONAL AIR TRAVEL ASSOC. (IATA) Travel bans and border closures are being issued all across the globe. However, there may be reasons somebody cannot avoid traveling. In those cases, check the International Air Travel Association (IATA) website for the latest recommendations, border closures, and other restrictions.

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