Tools for the Unknown: Reopening Your Business in a COVID-19 Economy

As businesses prepare to reopen their doors, they must consider the implications brought by a fickle, and uncertain economy. Before making the decision to reopen your physical locations, consider the approach of other businesses in your industry. What has changed in the local, state, or federal laws due to the novel coronavirus (COVID-19)? How has the community responded to reopening businesses? Is there a greater chance of enduring overbearing lawsuits due to COVID-19? Examining these issues and implementing new workplace protections will aid businesses in transitioning back to a “business-as-usual” environment.

An important concern in a post-COVID-19 economy is new work conditions and restructuring the workforce to comply with safety and health guidelines. If all or a portion of workers can continue to work from home, you may want to consider reopening your business at a later time. If it is not essential that employees have contact with other employees or customers, then consider creating a defined temporary work-from-home (WFH) policy.

A WFH policy would include guidelines for who can work from home, expected hours, productivity standards, security provisions, and access to business documents and records. If you choose to have a temporary work from home policy, it is important to clarify expectations in your policy guidelines and implement a proper monitoring system to ensure that productivity at home matches productivity at the business workplace.

Identify regulations that might differ for WFH employees, such as disability accommodations. In your industry, should an employee’s accommodations at work apply when they work from home? If employees with existing health conditions are negatively impacted by COVID-19, special accommodations may apply. Make sure that your business’s WFH policy complies with ADA and EEOC telework guidelines.

If a portion or all of your workforce must go back to a physical place of business to ensure business success, it is important to be prepared for a new work environment. Can you meet the community standard for social distancing in a business environment? How can you remove the possibility of nonessential contact in your workplace? Removing the threat of increased health concerns may mean that businesses must implement heightened health and safety procedures. Consider how regulations pertaining to your specific workforce affect new health and safety guidelines? If you have a unionized workforce, what NLRA regulations apply or have changed due to COVID-19?

If it is too expensive for your business to operate with the heightened precautions and regulations necessary to adhere to the state of the new economy, then it may be best to seek other options, such as maintaining an online presence. In addition to safety precautions, employees may face continued challenges at home. How can your business accommodate to an employee’s childcare needs when schools are closed, and care services are unavailable? Evaluating the success of “business-as usual” before reopening your business doors can aid your long-term success.

The SJS Law Firm can help you resolve this issue. For a complementary consultation, please contact us at (202) 505-5309.

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