As we get America back to work, you need resources to customize the right approach for your business to keep your team, customers, and third-party vendors safe. We’ve curated key information for you from government agencies, industry-specific resources, and others. This is not an exhaustive list, and we recommended you consult your human resources, financial, and legal counsel to ensure you are in compliance and properly implementing policies and procedures. We hope this is helpful for you as you reopen your business and keep everyone safe.
Return to Office/Work Guidance
In this editable guide, you’ll find curated information, strategies, and ideas on how to effectively make a safe return to work.
This document was prepared by Foley & Lardner and provides key employment law issues for starting back up or continuing operations. Reach out to its authors for clarification or to discuss any questions you may have.
- WEBINAR: Returning to Work Strategies
In this open table forum, guest speakers Dr. Meg Fisher, infectious disease specialist with RWJBarnabas Health, and Michelle Tatum, attorney with FordHarrison, present return-to-work strategies from the health and legal perspectives. This event was recorded on 05/07.
- PPE and Communications Tools for Opening Up
Our new work environments will require many things, including personal protective equipment (PPE), communication aids, and visual help such as masks, temperature guns, flyers, directional signage, floor decals, sanitizer, and more. Our partner Match-Up Promotions is at the ready with a full catalog of items specifically designed to help you keep everyone safe. Click here to view the catalog and contact Ellen.Burch@gomatchup.com to get started.
DEADLINE EXTENDED TO MAY 14: The Paycheck Protection Program has opened up again, and the SBA has issued important new guidance regarding certification. For public and private companies with substantial market value and access to capital, it is unlikely that they will be able to make the required good faith certification. Those companies that applied for a loan prior to this new guidance have until May 14 to pay back the loan in full if they feel they will not be able to certify under the stipulated conditions.
A lot of concern remains regarding who in fact is eligible for PPP loans. Some have thought about returning the money due to lack of clarity regarding eligibility. Regardless of the size of their PPP loan, we continue to recommend that clients document their circumstances and the impact of COVID-19 on their business and keep that documentation in their permanent record. Also, it is still encouraged that they review their eligibility with their legal counsel.
The good news in Q #46:
- PPP Loans less than $2 Million: A safe harbor is being instituted for all borrowers receiving less than $2 million. These companies “will be deemed to have made the required certification concerning the necessity of the loan request in good faith.”
- PPP Loans $2 Million or more: No safe harbor, but during the loan review process, if its determined that the borrower was not eligible, the SBA will seek repayment of the loan and not grant forgiveness. If the loan is repaid, then the SBA will not pursue administrative enforcement or referral to other government agencies.
- COVID-19: Main Street New Loan Facility
Note: Congress and the banks have yet to agree on terms—mainly the interest rate and minimum size of the loan so that it is accessible to more companies. No confirmed date yet, so this program is on hold.
Businesses looking for financial options may want to consider the Employee Retention Credit (ERC). However, guidelines to qualify are more strict than the Paycheck Protection Program (PPP). For this credit, you must have completely or partially shut down your business, and you must prove that the company’s gross receipts are less than 50% than those in the same quarter in 2019. If these two conditions are met and you qualify for the ERC and PPP, we recommend you go with the PPP, which likely is still the best option. In the event you were denied the PPP, the ERC may provide some relief.
Construction Industry Resources
CPWR- The Center for Construction Research and Training
The General Building Contractors Association
- COVID-19 Recommended Job Site Protocols
- PowerPoint Presentation: COVID-19 Recommended Job Site Protocols
Healthcare Industry Resources
- Ambulatory Care
- Emergency Medical Services
- Healthcare Professionals
- Infection Prevention and Control
Restaurants and Retail Food Delivery/Pick-Up Resources
- National Restaurant Association | COVID-19 Reopening Guidance
- US Foods | Restaurant Reopening Blueprint
Retail, Service, and Manufacturing Industry Resources
- In-Home Repair Services
- Manufacturing Industry Workforce (Spanish)
- Retail Workers (Spanish)
- Retail Workers and Employers in Critical and High Customer-Volume Environments
Transportation Industry Resources
- Federal Motor Carrier Safety Association (FMCSA) has just extended its emergency mandate to June 14.
- Airline Operations
- Border Protection and Transportation Security
- Package Delivery (Spanish)
- Solid Waste and Wastewater Management
- Aircraft Maintenance
- Airline Catering Truck Drivers and Helpers
- Airline Customer Service Representatives and Gate Agents
- Airport Custodial Staff
- Bus Transit Operators
- Rail Transit Operators
- Rideshare, Taxi, Limo, and Other Passenger Drivers-for-Hire
- Transit Maintenance
- Transit Station
Other Industry Resources
- Correctional Facility operations
- Environmental Services (e.g., janitorial, cleaning services)
- Postmortem Care
State by State/Municipal Guidance
- FordHarrison – View recent orders
NCCI (Workers Compensation)
State by State updates on treatment of payroll for workers being paid while not working and how to treat workers working at home.
HR Resources | Seay Management
IOA partners with Seay Management to provide free HR assistance for IOA clients. Contact them by calling (888) 245-6272 or email – firstname.lastname@example.org
Department of Labor | OSHA
OSHA’s primary resource is the COVID-19 Safety and Health Topics Page. This page is being updated routinely and we encourage you to review it frequently.
As states begin reopening, the Occupational Safety and Health Administration (OSHA) has issued two revised enforcement policies to ensure employers are taking action to protect their employees.
- Increased in-person inspections at all types of workplaces
- Revision of previous enforcement policy for recording cases of coronavirus. Under OSHA’s recordkeeping requirements, coronavirus is a recordable illness, and employers are responsible for recording cases of the coronavirus, if the case:
- Is confirmed as a coronavirus illness;
- Is work-related as defined by 29 CFR 1904.5; and
- Involves one or more of the general recording criteria in 29 CFR 1904.7, such as medical treatment beyond first aid or days away from work.
For more detail on the updated guidelines, click here.
Centers for Disease Control and Prevention (CDC)
CDC’s primary resource is the CDC COVID-19 Official Webpage. This page is being updated routinely, and we encourage you to visit frequently. Recent guidance released and housed on this page includes:
- CDC COVID-19 Guidance Documents
- Resources for Businesses and Employers
- Cases of COVID-19 in the U.S.
Equal Employment Opportunity Commission (EEOC)
Wage and Hour Division (WHD)
Internal Revenue Service
- IRS | Coronavirus Tax Relief