This newsletter addresses a wide range of Oklahoma employers, in varied sizes, locations, and with various legal or Human Resources staff. We thought it might be helpful to share in this initial article an overview of some of the topics we see being considered and addressed currently. Over the next several alerts, we will tackle some of these issues in more detail.

People are anxious. We cannot control many of the reasons for that anxiety such as health and school closings, but employers can address these anxieties with a clear plan and accurate information. We strongly encourage both.

There are three main areas for an employer’s consideration: work in the normal work location; telework; workforce alterations/reductions. Today, we will address policies for you to consider regarding work in the normal work location.

Work in the Normal Work Location

Many employers will have employees still reporting to their regular work location be that an office, factory, shop, grocery store, distribution warehouse, and the list goes on. During this crisis, employees may be anxious about reporting to work. Even if they are not asking questions, you should assume they are worrying about the world around us.

Employers should consider the following and communicate what they are (or are not) doing.

1. Steps to Keep Employees Safe in the Workplace

The CDC has resources for you to consider; Interim Guidance for Businesses and Employers. Employers should check this resource regularly for any updates.

At the bare minimum, employers should emphasize basic hygiene, including printing and displaying handwashing posters. Employers should consider increasing access to other disinfectant products and increasing the cleaning of the workplace.

Employers may choose to provide instruction about etiquette around coughing, sneezing, and the like.

Employers may choose to provide specific information to employees about COVID-19 and its symptoms. If so doing, use only the information provided by the CDC. It is very important employers rely exclusively upon unassailable information.

2. Social Distancing Policies in the Workplace

Many employers are considering policies to encourage or mandate social distancing while at work. These should be tailored to your workplace but could include things such as:

• No congregation in the break rooms
• No in-office meetings of more than 10 persons (or a ban altogether)
• No staff luncheons
• Staggered clock in / out times to avoid crowded areas
• No handshakes or high fives

Each employer must consider its own workplace to determine how best to implement and enforce such policies. For those employers who can utilize technology, many offices are requiring meetings by conference call, Skype, etc., even for participants in the same physical building.

3. Health of Employees

This will be discussed in the next article, but you must address this. In this time of a public health crisis, employers have a latitude they would never have had before (and will not have when this crisis is over). Provided employers stay within the guidance of the CDC, an employer will have more discretion to protect the health and welfare of its employees and the public at large. Again, in keeping with our general advice, consider whether your workforce would benefit from a formal declaration of your policy during these uncertain times.

4. Travel Policies

While employers are accustomed to business travel policies, many employers are looking at travel policies in an entirely new light. Travel policies in the time of COVID-19 involve public health concerns.

Employers may want or need to curtail business travel for economic reasons. In addition, employers may want to address public health issues. The CDC has a list of countries / locations designated Level 3 (highest concern) or Level 2 (mid-level concern). Many employers are instituting policies which require employees who travel by cruise to any location (designated Level 3) or to any Level 3 location (some also include any Level 2 location) to refrain from coming into the workplace for 14 days after returning to the United States.

Of course, this seems to many a huge intrusion into one’s personal life – to exclude them from work for 14 days after their personal choice to travel. But these are extraordinary times. Provided an employer adhere to the current CDC guidelines during this national and state declared public health crisis, in an effort to contain the spread of COVID-19, this policy would be reasonable. It is being done.

For those persons who are forbidden to return to work, some are teleworking, some are using accrued paid leave, and some are on unpaid leave.

*Note: There is legislation before Congress which, if passed, may alter the requirements regarding leave and pay.

Stay tuned for more information on these topics in the coming days and weeks.

By Kristen L. Brightmire and Rebecca D. Bullard
kbrightmire@dsda.com and rbullard@dsda.com