Complete Story
06/01/2021
Back to Normal... or Not?
A Year Into the Pandemic – What’s the Path Forward?
Source: Federated Insurance, May 18, 2021
More and more people are getting vaccinated, and more places are opening up – is this the light at the end of the tunnel? Organizations everywhere are trying to balance the risks of the pandemic with the perceived ability to return to “normal.” Organizations need to consider:
- The current state of remote work
- Employment law considerations
- Returning to the office
- Workplace safety
- The COVID-19 vaccine
Remote work – here to stay?
Many organizations were forced to quickly shift to remote work as COVID-19 shuttered workplaces. Some employers faced challenges in shifting to telework, while others found it to be a relatively smooth transition. One big question looming for organizations is whether to return to the workplace, and if so, when, and if not, what does that look like?
Some organizations plan to utilize a hybrid approach to stagger in-person versus remote work, particularly to encourage social distancing if the office space tends to be pretty full when at capacity. Others, particularly larger companies, have relayed permanent remote work plans, such as Pinterest, who reportedly paid an astounding $89.5 million to break their lease last year. Some organizations are moving towards activity-based workplaces, which can include:
- Various areas designed for specific purposes
- Private areas and group gathering areas
- The idea is to provide flexibility at the physical workplace in addition to remote work as available options
- Think of this kind of like a hotel where you can move around depending on what you’re working on and what your needs are – some areas are quieter than others and more conducive for heads down type of work
- And other areas are better for discussion and live collaboration
Returning to the Workplace
Organizations should make an effort to understand both business and employee needs, weigh the benefits and risks of returning to the office, and may consider surveying employees on their return-to-work concerns. Overall, organizations should plan to follow CDC and local guidelines regarding social distancing, office capacity limits, masks, etc.
Some employees may not feel totally comfortable returning to the office, whether it be a health reason, scheduling conflict (children still remote learning, for example), or a health concern. Employers should keep in mind that when an employee’s health condition is involved, they need to pay special attention to the Americans with Disabilities Act (ADA), and make reasonable accommodations, if necessary. The CDC has identified certain health conditions that are at increased risk of severe illness from the virus that causes COVID-19, and those that might be at an increased risk for severe illness, which could come into play if/when employees return to the workplace. One of the most common requests from employees will likely be the wish to continue working remotely. Luckily, the EEOC has already provided guidance on telework as an accommodation. Employers will want to evaluate their general practices and provide clear guidelines of who, if anyone, can work remotely, and most importantly, needs to ensure it is consistent and fair when it comes to responding to these types of requests.
Employment Law Considerations
Organizations should carefully consider various employment laws when managing a remote or partially remote workforce. Expenses and reimbursements are often a point a contention. To start, federal law doesn’t have an express requirement to reimburse for remote work costs. However, there is a rule that provides that employees cannot pay for work related expenses when doing so would bring the employee’s wage below minimum wage or any required overtime. Organizations should evaluate what would it take, in terms of equipment and supplies, to work from home, especially if any employee who makes minimum wage or close to minimum wage or has significant work-related costs they’ve paid for.
