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Lisa Brauner: Reopening From Coronavirus
My guest is attorney Lisa Brauner. We see the faint light at the end of the tunnel. We’re slowly emerging as we knew we would. But these things must be done delicately. What do you plan ahead for? How do you keep employees safe and can they refuse to return to work? What are reasonable accommodations? Lisa has answers. Lisa has advice. Lisa is a partner at Perlman+Perlman law firm in New York City.
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Transcript for 487b_tony_martignetti_nonprofit_radio_20200506.mp3
radio. Big non profit ideas for the other 95%. I’m your aptly named host. This is a short special episode of non profit radio to help you cope with the pandemic reopening from Corona virus. My guest is attorney Lisa Brunner. We see the faint light at the end of the tunnel were slowly emerging as we knew that we would. But these things must be done. [00:00:44.94] spk_3:
Delicate, please. [00:01:39.04] spk_2:
So, what do we, uh, what we planned for? That’s coming. How do you keep employees safe? And can they refuse to return to work? What are reasonable accommodations? Lisa has answers. Lisa has advice. Lisa is a partner at a prominent Perlman law firm in New York City, responsive by wegner-C.P.As guiding you beyond the numbers wegner-C.P.As dot com My Cougar Mountain Software Denali Fund Is there complete accounting solution made for non profits tony-dot-M.A.-slash-Pursuant mountain for a free 60 day trial. And by turned to communications um, PR and content for nonprofits. Your story is their mission. Turn hyphen two dot ceo. Thank you very much. Welcome back, Lisa. [00:01:41.54] spk_0:
Thank you, tony. Thank you for having me. [00:01:43.54] spk_2:
Alright. Thank you for doing another special episode with us. These are these are these are valuable for listeners. Thank you. You’re welcome. Everything okay? Looks ah. Looks bright and sunny in New York is it [00:02:00.64] spk_0:
is right. Well, it was raining earlier, but looks like the being the son, maybe. Okay. Make its way through. Looks [00:02:36.98] spk_2:
looks bright. We’ll call it bright and sunny. Okay. Even so, shining light on your beautiful artwork on your walls. Thank you. So you’ve been thinking a lot about what is ahead as states begin to ah, open up the reduced the restrictions on on work at home, our restrictions on work in the office requirements to work at home. It’s happening slowly. There’s, like, I don’t know, maybe half a dozen states or so, so far that if reduce the the restrictions on just on certain industries, So I don’t I don’t know if maybe, you know, Are there states yet that have office workers allowed back to go back that had restrictions before just on office work? [00:02:49.54] spk_0:
Well, I mean, we hear about in certain states like Georgia that they’ve already started to reopen certain industries. [00:03:04.44] spk_2:
Right? That’s just restaurants and dollars to point essential. You gotta have those but our people back in offices in Georgia. [00:03:08.74] spk_0:
I don’t know that people are back in the offices. [00:03:12.65] spk_2:
Yeah, so but it’s coming. It’s good [00:03:14.38] spk_0:
calming you write. [00:03:15.53] spk_2:
That was like [00:04:23.24] spk_0:
the end of the tunnel on dhe estates air trying to use depending on the states in the measured approach or prioritising which businesses come back first. New York is already talking about the plan for which are the most essential businesses or industries with the least amount of risk, where they can start reopening construction and different and different things. So it’s it’s a kind of a faced approach. It sounds like it’s happening. In New York, for instance, the governor put in a 12 point plan of different things that he expects them would like to see happen. Ah, in order for the reopening to occur and specifically with respect to workplaces, at least in New York, and it may be may be different in different states. There’s an expectation in York that, uh, is part of this plan that employers are going to put into place implement the safety protocol for their [00:04:37.24] spk_2:
I thought, This is This is one of things we need toe be planning ahead. So, you know, at this stage, we’re planning for returning. Um, you know, but there. I mean, there’s basics. Like, what’s the schedule gonna be? Who’s gonna come? Um, you know, walk us through some of that pre planning. But before we get to the [00:07:41.34] spk_0:
sure exactly at this point, tony, employers should be pre planning for that day. Ah, and not not necessarily waiting to see what happens. They should be putting a plan in place, which involves things like who? Who is going to continue to work remotely? Who is gonna be actually in the office? How are we going to How are we gonna make that happen? And how we gonna ensure that employees are safe coming back? What could be looking at their finances? What is it that we can afford to do in terms of who we bring back our their employees? That we will not be able to continue employing that we may need to furlough. Who do we need on the ground? Are we going to need to cross train certain employees? So if there’s certain things that need to get done and the employees we need to do them. Can’t do everything. Mm. From home. Do we have other employees that are able to come in who can actually perform some of those functions? What do we need to do physically in our workplace to ensure that the workplace is is safe, for instance, Um, are we gonna have what we have? Sufficient? Will we have masks? Will we have gloves? Do we need to dio, Do we need to sanitize the workplace? In other words, that we’ve wiped down everything all the surfaces, computer keyboards and door knobs. What have we done to ensure to communicate to our employees that the works, the works space that you’re coming back to is actually is actually safe. So having a plan to communicate to employees about what’s been done in terms of safety precautions, considering what type of personal protective equipment or face coverings and things like that, the employer is gonna have figuring out whether they need to do some type of reconfiguration of the actual work space. So, for instance, it in workplaces where they might have more of an open plan where everybody’s together. Ah, what do we need to dio Teoh either reconfigure this space to make it safe so that we can still allow for social distancing. Do we need to put up plastic or plexi glass? But between the areas where employees are working, do we need to set up one way a one way hallway that, you know, this whole way? Everybody goes in this direction and the other hallway, Everybody comes in the opposite direction. In other words, that employers should be coming up with their post pandemic plan for how they’re going to logistically bring employees be back and who’s gonna come back. And also how how are we gonna bring employees back safely? [00:08:12.17] spk_2:
Okay, that’s a ton of stuff to be thinking about. But you know, all good. So listeners will go back and start taking notes on, like, the 20 things that you just ticked off as a ZX items to be used to be thinking about, um, everybody talks about the PP do. Do employers have AH responsibility requirement or t provide? I don’t gloves and masks. Or is that is that governed by state law? Or just buy your own moral obligation that you feel what what what what guides them in making a decision like that? [00:10:12.94] spk_0:
Mm. I mean, I think it’s I think it’s adhering to whatever the precautions are of the CDC and Osho, the Centers for Disease Control and on OSHA, Occupational Safety Ah, and Health Administration. In looking to those to that guidance and also any state and local guidance as to whether their directives right now, perhaps with the exception of the essential workers, it’s really being left to the employers to for the most part, unless there’s a state or local directive to do it, it’s being left to employers to make those decisions. But certainly if the CDC is advising that individuals wear face coverings in instances where they can’t social distance, it would be it would behoove an employer to say, You know, we follow the directives of the seedy city. Ah, in protecting our employees is an under under OSHA. Under the Occupational Safety and Health Act, employers have to maintain a workplace that’s free of any hazards. Essentially, they have a duty to to do that, too. Keep the employees safe, you know, pre from hazard. So in the workplace. So so that would extend Teoh. I mean, recommendation would be that employers do provide face coverings to their employees. And and also they may even consider having face coverings available to anyone who’s visiting the workplace. If they have something cups, someone coming on site, who’s gonna be cleaning the work area clients? Anyone who’s going to be coming into the workplace because those individuals could be, if they’re asymptomatic could be infecting one of the employees. So [00:10:18.74] spk_2:
that would [00:10:19.09] spk_0:
be, well, advice to do that. [00:10:49.09] spk_2:
That brings up another issue about people coming to your office, those you’re serving or maybe just like you said. Maybe they’re just the office cleaners or just people routinely come in. You know the mail gets delivered. Ups comes, you know, et cetera. How do you treat people? Coming to your office is not just what do you expect of them? It’s not just what do you expect of employees and what you gonna do for employees but visitors to the office or your other facilities as well? You know, non profits may very well not even now have a second facility. It’s not in office, but it’s where it’s where they serve meals or serve clients in some other way. Those people have to be accommodated. [00:11:45.08] spk_0:
Yes. So I mean, all those things there such excellent points and which really go to the point of pre planning now Because Because employers can’t they can’t just show up on the first day of work and say, Okay, now we’re you know, now we’re back to work. Ah, we’re going to do the best we can. They really have to plan out in advance. You know what is social distancing gonna look like And our work space. And it’s gonna be different for every non profit. Like in some instances, it could be, you know, setting something up like we see when we go into when we go into a pharmacy or when we go into a supermarket where they’ve actually designated, you know, spots for people who are waiting on line to understand their six feet between you [00:11:51.05] spk_2:
because it was sitting on the floor. [00:12:36.34] spk_0:
Exactly. So depending on the non profit, so I’m not gonna be appropriate in every setting, but depending on the non profit and what, who their servicing and what the layout of their workspaces, it’s gonna dictate what it is they need to dio from a social distancing perspective to keep six feet between people, but they have to. Employers should be thinking now, what is it based on who were serving on what we’re doing? And what are configuration is what kinds of changes do we need to make right now to ensure that our employees feel safe, that that the people that we serve that are coming to our work site also feel safe. Uh, you know that that they’re not going to get infected. So eso the pre planning is is, I think, crucial right now. [00:12:44.75] spk_2:
Otherwise, you just compounding the crisis. If you’re leaving this until the last minute are you know, the week before or something. You know, it’s not gonna be enough time to look at all the guidance because so you said, CDC, OSHA, and you also have to look to the your state whatever state guidance there may be. And even potentially, your city could have guidelines around requirements for businesses. [00:14:00.84] spk_0:
Absolutely, absolutely on social distancing. But here’s some other things that I wanted to mention that employers could think about. Two. Is there as they’re planning? Um, I mean, the goal is to to continue the social distancing for now until we know that the threat is over, and so they could consider things like staggering of start times that employees start work staggering in the end times, particularly where people are in larger urban areas. And they may be Trent, you know, traveling by bus or subway where they’re gonna be congregated with a lot of people. And so to reduce that from happening. If employers consider maybe staggering the time that an employee comes to work to avoid Rush Hour or to stagger the time that the employee is going home from work to avoid rush hour, that could be a possibility or changing the day. So we’re [00:14:16.45] spk_2:
thinking maybe I could get a work day that’s like 10 to 2. Can I squeeze Shoot 10 and leave around two, or maybe to 30 with, and I’ll reduce my lunch to an hour and 15 minutes from an hour and 1/2 That that that is not considered a reasonable accommodation? [00:14:27.64] spk_0:
Well, a reasonable combination isn’t another context. [00:14:43.54] spk_2:
I know. Yeah, no, I’m being unreasonable a za potential. But I could never be an employee because that, you know, there are a lot of reasons I couldn’t work for um, so, yeah, I mean, even staggering weeks, maybe. Maybe right 11 team works off site for a week and then comes into the office and the other team, and they rotate it, rotate around that way [00:15:18.91] spk_0:
absolutely. Or having someone working on a weekend day as opposed to a weekday as a substitute, as a way to to stagger, first of all, so that you are helping the employees reduce the risk if they’re gonna be traveling by mass transit or in a large group. Secondly, er, to reduce the number of people just in the office together at one time. So [00:15:34.93] spk_2:
there’s a potential, you know, in being flexible like this, there’s a potential to actually, you know, toe help families who, you know, maybe it’s ah, it’s a couple. And it helps them that one of them works on a Saturday or that one of them has, you know, unusual hours tend to six or something. Maybe that helps the family. And so you can build f have that flexibility and also be good to your employees at the same time. [00:16:17.54] spk_0:
Yeah, absolutely. I mean, I would say one of the kind of key takeaways from all of this is employers should be flexible in the solutions that they are coming up within this time. That’s so unprecedented, but should should just be flexible on the possibilities of what exactly they can provide and what they can offer in terms of bringing the workers back to work and doing it in a way, that’s that’s Ah, that’s safe. Um, so yeah, well, [00:16:20.11] spk_2:
I was gonna turn Teoh reasonable accommodations, which I perverted a couple of minutes ago. But, um what what do we need to be thinking about that? What does that phrase mean? And how does it apply here? [00:22:28.34] spk_0:
So reasonable accommodations. So under the law, employers have a reasonable have a duty to reasonably accommodate employees for because they have a disability for religious practices. Ah, in New York for pregnancy, childbirth and related medical conditions. And so the types of things that one needs to reasonably accommodate an employee for may depend import on your jurisdiction and what that jurisdiction recognizes as being entitled to a reasonable accommodation. But for employers who have 15 or more employees, they are covered under a federal law called the Americans with Disabilities Act. And they have a legal obligation to reasonably accommodate employees who have a disability so that that an employee can perform the essential functions of their job. Unless doing that, we would pose an undue hardship on the organization. So how that looks here in in this cove, it situation is if you have somebody who has a disability, they may set a. My doctor says that I need to continue working from home. Ah, nde working from home, maybe a reasonable accommodation. And for that person, it’s also going to be more difficult for employers to say that doing so would pose an undue hardship in view of the fact that so many people have been working from home because of the situation. So somebody has disability, uh, in New York, for instance, if there pregnant or because of childbirth related medical conditions, they may need to. It may be that they that they need to work from continuing work from home is a reasonable accommodation that could be an example working from home or leave of absence or things like that. So where it gets where it now gets trickier, here is the situation where somebody has an underlying condition. Well, let me first say that the E O. C. The Equal Employment Opportunity Commission, which is the federal agency that enforces the A d. A. Has has not said that Cove in 19 is a disability, said it may be good state and city and a human rights laws like New York City. Human rights laws have said that, yes, this this, uh, is a disability and those laws, this is one of most important things is that even if there’s not a requirement into the federal law, state and city laws maybe much more liberal and protective of employees, then what What the a d a provides. So even if a certain reasonable accommodation may not be required under federal law, it may be required under state and sitting law. And so that brings me to the next point about the sister of reasonable accommodations. And that is one of the wrinkles here. Interesting aspects is that we know that people with certain underlying conditions are more susceptible to contracting the virus, right? So individuals who have diabetes, uh, who have, uh, who have respiratory ailments who have auto immune honestly, maybe may be more vulnerable, uh, or susceptible and so So the question comes up. What about somebody who has an underlying health condition? Um, you know, can they, uh, can they refused to come to work, right? I mean, that’s one of the questions, and it’s an open question. I think employers, they’re gonna have to they’re gonna have to consult with legal counsel about what the state and local laws are with respect to that. Um, but the person has an underlying condition like, for instance, in New York City, New York City just issued guidance. Ah, New York City’s Commission on Human Rights just and that’s the agency that enforces the New York City Human rights Law. They just issued guidance around this issue of underlying conditions that employers may need to reasonably accommodate ah, individuals who have an underlying condition in New York City. And it could be in other jurisdictions to having an association with somebody who has a disability is illegal protection. So let’s say an employee has a family member who has a disability that employer can’t discriminate against, or treat that employees less favourably simply because that person has an association with a person with a disability. So depending on the state and city jurisdictions. There could be greater protections for individuals, depending on whether someone there associated with has a disability, whether the employees themselves has an underlying condition. When that employee says to the employer, I want to continue working from home or I need to take time off or something or something to that effect. So it’s kind of it. It’s another aspect of this that employers need to be thinking about. Not just what is the federal Lost A but one of the state and local law say about how I need to accommodate this person and whether they can refused to come to work because of ah, of the of the fear of, uh, of contracting the virus and they might be entitled to. I’m sorry, Go ahead. [00:22:48.84] spk_2:
What about if it’s just a fear? But there isn’t un underlying, um, underlying diagnosis that makes them more vulnerable either themselves or someone there associated with suppose. It’s just a generalized fear of traveling and returning to work without any underlying medical issue. [00:25:14.47] spk_0:
Generally, they wouldn’t be able to refuse unless there is Yeah, generally, I mean, once the stay at home order has lifted. Ah, and e No employers are clear to reopen their workspaces. Someone’s general fear isn’t gonna be illegal. Generally gonna be illegal. Ah, excuse provided legal excuse from them not to return to work. I mean, if they if they’re entitled to paid sick leave or paid extended family leave for one of the reasons under the families first grown of his response act, That’s one thing. Generalized Fear, uh, is not going to give them a legal claim for refusing to come back to work. That said, uh, to the extent that employers can reassure their employees as to number one, the efforts of the employers taken in the workplace, them safe. I’ve heard situations of employers who they hire a private van or bust or something where they’re going to bring employees into work to avoid having to deal with mass transit. So employers can be creative and ways in which they can support their employees on reassure the employees about the safety of both being at the workplace and coming to the workplace and being flexible and accommodating, even when there may not be a legal obligation to do so. But for reasons of employee morale and motivating employees finding creative and flexible ways to support employees coming back to the workplace. You know, alternative ways for them to get to work. Ah, and reassuring them that we’re providing face coverings and and gloves so that you feel safe when you’re here. We have protocols for people who are visiting the workplace so that we know you know, that they’re taking precautions when they’re gonna be interacting with you as an employee. Those things go a long way for employees to feel reassured that they that they’re gonna be that their safety concerns are being addressed. [00:26:18.91] spk_2:
A lot of a lot of what you’re suggesting today is consistent with what you said in the very first. You and I did the very first special episode together, which was probably five weeks or so ago when when we were on the other. We’re talking about other things, just planning for working at home, and a lot of your advice there was be flexible. Um, be thinking ahead. What’s it gonna look like when you, when your workforce is distributed back to home, are after their homes communicate? That was a central message then, and it still is, and this is exactly what you’re saying. Now, you know, communicate with your employees about what you’ve done about what you’re going to do, um, to help them just be reassured. So I mean, the details are different because we’re going from home to back to the office is But your overall messages about be flexible, communicate, um, have some empathy. You know, those air plan ahead. Those are the same things you were saying five weeks ago about the opposite situation. [00:28:13.44] spk_0:
We are on the other side. It’s true. But those those values and those tools I think are the same because those are the things that give employees reassurance that everything gonna be okay on dhe on dhe. People may have fear about coming back to the office coming into the office again. So to the extent those things can be done, you know they should be done on employers, you know, because we’re in the pandemic. They have also some more flexibility in terms of certain things that otherwise might not be able to do under the Americans with Disabilities Act like taking employees temperatures, although not everybody who has Cove in 19 has a fever, but employers can do that? They can scream. Okay. They can. They can. They can ask employees whether they have the, you know, particular symptoms that have been identified specifically with covert 19. Uh, they can insist that employees self report to them. If those employees start exhibiting any of those symptoms to let them know, uh, employers could do that. Now, of course, they have to keep any any medical information, which includes the results of temperatures and things like that. If they were to do that, they have a legal obligation to keep that information confidential. So whether they decide they’re gonna take the temperatures and record those temperatures or they decide, we’re only gonna look to see if somebody is above a certain threshold. And we’re only going to indicate on a form that they were either below or above the threshold. They can make those determinations themselves about how they they want to administer it. But whatever the results are, they must keep that information confidential. Um, [00:28:29.31] spk_2:
yeah, I want todo Did you have more than you wanted to say on that? Uh, I thought that what employers? How much further? Employers can go now with questions. And then you know, you still got to or cause I was gonna ask, I was gonna start asking something else, but [00:28:34.19] spk_0:
I’m sure I know. Go ahead. OK, [00:28:35.88] spk_2:
OK. The, um [00:28:37.74] spk_0:
what do you do [00:28:51.64] spk_2:
in the case where someone is, um, is happier on unemployment because, you know, there’s, ah, there’s that federal bump of $600 a week. Um, plus, whatever the state is paying unemployment benefits, Um, what if you have You just have a recalcitrant employees who is happier receiving the unemployment than then they would be going back to [00:29:35.05] spk_0:
work. So that’s an excellent question and something that we actually see. And I think first of all, the bump ends on July 31st. That’s the first thing the $600 additional, Uh, so that’s the first thing that the second thing is typically to be eligible for unemployment insurance. The person has to be ready, willing and able toe work. And if they’re being offered a job back, they may be in a situation where they end up being disqualified from unemployment insurance. [00:29:40.28] spk_2:
You have to certify right that you, I guess, includes that you turned down employment. If you did right, I don’t have to certify. I mean, I know in North Carolina, you have to certify each week it’s probably routine, uh, about white Look for a job, you know, things like that. So it just if you turned down your existing employers offer of returning to work, Um, that’s that would disqualify you for unemployment. [00:30:15.76] spk_0:
They may. They may be depending on the state deemed ineligible to continue receiving unemployment. If they were then offered hope so. Yes. Oh, [00:30:19.64] spk_2:
I’m happy here. [00:30:21.24] spk_0:
It is this way until [00:30:35.64] spk_2:
July 31st. I’m very content right here. Right. OK, so there’s a mechanism for dealing with that on the on the unemployment insurance state level. Yeah, hopefully. OK, alright. We could dismiss that hypothetic. But you said you ve seen that, or you’ve heard it already. [00:30:41.64] spk_0:
They were because they’re making more money at this point. So it [00:30:45.27] spk_2:
was a purely hypothetical. You’ve heard [00:30:47.20] spk_0:
I exactly. Yeah. [00:31:24.46] spk_2:
Okay. Okay. Well, not all employees air lazy and not all employers or scruple. Unscrupulous. So, you know, make that z ensure we, uh, fair to both sides. Um, And on this, by the same token, there’s enough blame to go around for everybody. Um So what do we have? Toe? You know, you’ve talked about so many different things. Do we have to have written policies about You know what the expectations are gonna be when you return? We’re gonna be standing for fever. Will be issuing PPS. Um, here’s our policy for visitors to the office. Now you need to comply with this. If you see a visitor, you welcome a visitor. Do there’s always need to be in writing. [00:34:17.69] spk_0:
Um, not everything needs to be in writing, but certain things should be in writing so that everybody is on the same page. I think I think employers can communicate just again. It depends on the size of the employer as well. In terms of whether something will be in writing or not. I think that you know more long term, longer term policies, uh, and protocols. I mean, you could have you number one. If you do have people continuing to work remotely, definitely want to have a policy on that. You want to have an agreement with that employee so everybody understands what is being expected. What? The terms are what you’re expecting with respect to employees to record their time for those that air covered by the overtime pay laws. You want to make sure that everybody understands about the importance of confidentiality and protecting the data security and and all that for employees in accounting to work remotely for paid sick leave on pay, extended paid family leave under the families First Law. You certainly want to have policies addressing those and the interplay with your other paid time off policies for absolutely for protocols on visitors to the workplace and things like that. Uh, depending on the size of the organization, you you will. You would want to have a policy addressing that particularly things are now changed in terms of how you’re gonna be interacting with visitors to the workplace, does it all the things that you would want to to have, uh, you would want to have policies on for sure. Andi would also want to train your managers and your employees about what these new policies are. So have a chance to address questions, but particularly the managers who were gonna be enforcing these policies. I mean, it’s ultimately in many cases, gonna be a to the managers who will be enforcing the social distancing who will be addressing, you know, safety concerns. Who will be, um, who will also be may be involved in decisions about who’s coming back into the workplace and who’s not. And you want to be careful about that as well that there isn’t, uh, discrimination happening either. You know, people are paying, being desperately treated or you have some type of neutral policy that’s disproportionately impacting older people. Pregnant women, etcetera. And also there’s been a noted increase in in bias against Asians, Um, during this pandemic, um, both in the workplace and outside the workplace. [00:34:23.65] spk_2:
We talked about that five weeks ago. [00:34:25.16] spk_0:
We did so [00:34:26.40] spk_2:
the possibility of that. Yeah, [00:34:55.34] spk_0:
exactly. So it’s It’s really important that employers are reminding all their employees about their policies, prohibiting discrimination and doing any supplemental training that they feel is necessary to ensure that there aren’t derogatory comments. Remarks directed at Asians Has everyone returns to the workplace. So increased training. I would say a lot of [00:35:02.56] spk_2:
love can be done in advance. You can be absolutely obviously developing the policies, but also training about the policy discussing them before the first day back. [00:35:08.51] spk_0:
Absolutely. Yeah. Uh, could be doing that now. [00:35:13.69] spk_2:
So planning, developing and communicating than training that stuff could all be done in advance. Virtually [00:36:00.88] spk_0:
yes, yeah, all that could be done. So and also just you know what the employers planning to do exactly. From a safety perspective, you know that they’re adhering to the CDC protocols and directives and what OSHA is recommending and just reassuring their employees about what they’re doing to keep them safe on dhe and also what the mechanism is for employees to bring forth any issues. Like if an employee in a particular work site feels that their manager hasn’t been, Ah hasn’t been acting consistently with what the organization says it’s being done or that there isn’t social distancing happening or the people they feel. The people aren’t taking precautions to keep them safe. Employers want to make sure that they hear from those employees so that it can be addressed, so they want to make sure they communicate whatever the mechanism is for employees to to bring those issues forward. [00:36:38.37] spk_2:
Okay, Lisa, I think that’s pretty comprehensive. That’s enormously comprehensive. Um, I mean, I was like my takeaways are planned. Be flexible, communicate train, You know, on all these dozens of different things that we talked about. What? That’s that’s what I That’s what I’m thinking. Like in the end. What do you want to leave people [00:37:51.63] spk_0:
with? I think those air I think those air perfect takeaways. Actually, all of those things be flexible in solution plan. Now for what reopening is gonna look like whose whose ableto continue to work from home. Who on Who needs to come back to the office? Are we being Are we making these decisions for lit? Legitimate, non just discriminatory business reasons. Is it gonna have a disparate impact on a particular group? Older people pregnant, you know, take a look at your decisions and what the impact potentially could be, uh, or will bay in making your decisions plan and, uh, and and the and be flexible in your in your solutions on a train train your employees train your managers to make sure that they’re following the protocols that you’ve put in place and that they have awaited to raise any grievances or complaints or concerns eso that those get can get addressed. [00:37:57.33] spk_2:
Okay, Incredibly comprehensive. Thank you very much. Lisa, [00:38:01.00] spk_0:
you’re very welcome. My pleasure, tony. [00:38:31.86] spk_2:
Thanks for doing it responsive by wegner-C.P.As guiding you beyond the numbers. Wegner-C.P.As dot com by Cougar Mountain Software Denali Fund Is there complete accounting solution made for non profits tony-dot-M.A.-slash-Pursuant in for a free 60 day trial and by turned to communications, P. R and Media for non profits, Your story is their mission turned hyphen. Two dot CEO. Creative producer [00:38:47.11] spk_1:
is My Half Shows Social Media is by Susan Chavez Mark Silverman is our Web guy. His music is by Scott Stein of Brooklyn, New York Many thanks to Susan and Mark for helping get this special episode out very quickly with me next time for non radio, big, [00:38:49.86] spk_2:
non profit ideas for the other 90 [00:38:53.74] spk_1:
5% go out and be great.
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[00:00:12.34] spk_1:
Hello and welcome to tony-martignetti non profit
radio. Big non profit ideas for the other 95%. I’m your aptly named host. This is a short special episode of non profit radio to help you cope with the pandemic reopening from Corona virus. My guest is attorney Lisa Brunner. We see the faint light at the end of the tunnel were slowly emerging as we knew that we would. But these things must be done. [00:00:44.94] spk_3:
Delicate, please. [00:01:39.04] spk_2:
So, what do we, uh, what we planned for? That’s coming. How do you keep employees safe? And can they refuse to return to work? What are reasonable accommodations? Lisa has answers. Lisa has advice. Lisa is a partner at a prominent Perlman law firm in New York City, responsive by wegner-C.P.As guiding you beyond the numbers wegner-C.P.As dot com My Cougar Mountain Software Denali Fund Is there complete accounting solution made for non profits tony-dot-M.A.-slash-Pursuant mountain for a free 60 day trial. And by turned to communications um, PR and content for nonprofits. Your story is their mission. Turn hyphen two dot ceo. Thank you very much. Welcome back, Lisa. [00:01:41.54] spk_0:
Thank you, tony. Thank you for having me. [00:01:43.54] spk_2:
Alright. Thank you for doing another special episode with us. These are these are these are valuable for listeners. Thank you. You’re welcome. Everything okay? Looks ah. Looks bright and sunny in New York is it [00:02:00.64] spk_0:
is right. Well, it was raining earlier, but looks like the being the son, maybe. Okay. Make its way through. Looks [00:02:36.98] spk_2:
looks bright. We’ll call it bright and sunny. Okay. Even so, shining light on your beautiful artwork on your walls. Thank you. So you’ve been thinking a lot about what is ahead as states begin to ah, open up the reduced the restrictions on on work at home, our restrictions on work in the office requirements to work at home. It’s happening slowly. There’s, like, I don’t know, maybe half a dozen states or so, so far that if reduce the the restrictions on just on certain industries, So I don’t I don’t know if maybe, you know, Are there states yet that have office workers allowed back to go back that had restrictions before just on office work? [00:02:49.54] spk_0:
Well, I mean, we hear about in certain states like Georgia that they’ve already started to reopen certain industries. [00:03:04.44] spk_2:
Right? That’s just restaurants and dollars to point essential. You gotta have those but our people back in offices in Georgia. [00:03:08.74] spk_0:
I don’t know that people are back in the offices. [00:03:12.65] spk_2:
Yeah, so but it’s coming. It’s good [00:03:14.38] spk_0:
calming you write. [00:03:15.53] spk_2:
That was like [00:04:23.24] spk_0:
the end of the tunnel on dhe estates air trying to use depending on the states in the measured approach or prioritising which businesses come back first. New York is already talking about the plan for which are the most essential businesses or industries with the least amount of risk, where they can start reopening construction and different and different things. So it’s it’s a kind of a faced approach. It sounds like it’s happening. In New York, for instance, the governor put in a 12 point plan of different things that he expects them would like to see happen. Ah, in order for the reopening to occur and specifically with respect to workplaces, at least in New York, and it may be may be different in different states. There’s an expectation in York that, uh, is part of this plan that employers are going to put into place implement the safety protocol for their [00:04:37.24] spk_2:
I thought, This is This is one of things we need toe be planning ahead. So, you know, at this stage, we’re planning for returning. Um, you know, but there. I mean, there’s basics. Like, what’s the schedule gonna be? Who’s gonna come? Um, you know, walk us through some of that pre planning. But before we get to the [00:07:41.34] spk_0:
sure exactly at this point, tony, employers should be pre planning for that day. Ah, and not not necessarily waiting to see what happens. They should be putting a plan in place, which involves things like who? Who is going to continue to work remotely? Who is gonna be actually in the office? How are we going to How are we gonna make that happen? And how we gonna ensure that employees are safe coming back? What could be looking at their finances? What is it that we can afford to do in terms of who we bring back our their employees? That we will not be able to continue employing that we may need to furlough. Who do we need on the ground? Are we going to need to cross train certain employees? So if there’s certain things that need to get done and the employees we need to do them. Can’t do everything. Mm. From home. Do we have other employees that are able to come in who can actually perform some of those functions? What do we need to do physically in our workplace to ensure that the workplace is is safe, for instance, Um, are we gonna have what we have? Sufficient? Will we have masks? Will we have gloves? Do we need to dio, Do we need to sanitize the workplace? In other words, that we’ve wiped down everything all the surfaces, computer keyboards and door knobs. What have we done to ensure to communicate to our employees that the works, the works space that you’re coming back to is actually is actually safe. So having a plan to communicate to employees about what’s been done in terms of safety precautions, considering what type of personal protective equipment or face coverings and things like that, the employer is gonna have figuring out whether they need to do some type of reconfiguration of the actual work space. So, for instance, it in workplaces where they might have more of an open plan where everybody’s together. Ah, what do we need to dio Teoh either reconfigure this space to make it safe so that we can still allow for social distancing. Do we need to put up plastic or plexi glass? But between the areas where employees are working, do we need to set up one way a one way hallway that, you know, this whole way? Everybody goes in this direction and the other hallway, Everybody comes in the opposite direction. In other words, that employers should be coming up with their post pandemic plan for how they’re going to logistically bring employees be back and who’s gonna come back. And also how how are we gonna bring employees back safely? [00:08:12.17] spk_2:
Okay, that’s a ton of stuff to be thinking about. But you know, all good. So listeners will go back and start taking notes on, like, the 20 things that you just ticked off as a ZX items to be used to be thinking about, um, everybody talks about the PP do. Do employers have AH responsibility requirement or t provide? I don’t gloves and masks. Or is that is that governed by state law? Or just buy your own moral obligation that you feel what what what what guides them in making a decision like that? [00:10:12.94] spk_0:
Mm. I mean, I think it’s I think it’s adhering to whatever the precautions are of the CDC and Osho, the Centers for Disease Control and on OSHA, Occupational Safety Ah, and Health Administration. In looking to those to that guidance and also any state and local guidance as to whether their directives right now, perhaps with the exception of the essential workers, it’s really being left to the employers to for the most part, unless there’s a state or local directive to do it, it’s being left to employers to make those decisions. But certainly if the CDC is advising that individuals wear face coverings in instances where they can’t social distance, it would be it would behoove an employer to say, You know, we follow the directives of the seedy city. Ah, in protecting our employees is an under under OSHA. Under the Occupational Safety and Health Act, employers have to maintain a workplace that’s free of any hazards. Essentially, they have a duty to to do that, too. Keep the employees safe, you know, pre from hazard. So in the workplace. So so that would extend Teoh. I mean, recommendation would be that employers do provide face coverings to their employees. And and also they may even consider having face coverings available to anyone who’s visiting the workplace. If they have something cups, someone coming on site, who’s gonna be cleaning the work area clients? Anyone who’s going to be coming into the workplace because those individuals could be, if they’re asymptomatic could be infecting one of the employees. So [00:10:18.74] spk_2:
that would [00:10:19.09] spk_0:
be, well, advice to do that. [00:10:49.09] spk_2:
That brings up another issue about people coming to your office, those you’re serving or maybe just like you said. Maybe they’re just the office cleaners or just people routinely come in. You know the mail gets delivered. Ups comes, you know, et cetera. How do you treat people? Coming to your office is not just what do you expect of them? It’s not just what do you expect of employees and what you gonna do for employees but visitors to the office or your other facilities as well? You know, non profits may very well not even now have a second facility. It’s not in office, but it’s where it’s where they serve meals or serve clients in some other way. Those people have to be accommodated. [00:11:45.08] spk_0:
Yes. So I mean, all those things there such excellent points and which really go to the point of pre planning now Because Because employers can’t they can’t just show up on the first day of work and say, Okay, now we’re you know, now we’re back to work. Ah, we’re going to do the best we can. They really have to plan out in advance. You know what is social distancing gonna look like And our work space. And it’s gonna be different for every non profit. Like in some instances, it could be, you know, setting something up like we see when we go into when we go into a pharmacy or when we go into a supermarket where they’ve actually designated, you know, spots for people who are waiting on line to understand their six feet between you [00:11:51.05] spk_2:
because it was sitting on the floor. [00:12:36.34] spk_0:
Exactly. So depending on the non profit, so I’m not gonna be appropriate in every setting, but depending on the non profit and what, who their servicing and what the layout of their workspaces, it’s gonna dictate what it is they need to dio from a social distancing perspective to keep six feet between people, but they have to. Employers should be thinking now, what is it based on who were serving on what we’re doing? And what are configuration is what kinds of changes do we need to make right now to ensure that our employees feel safe, that that the people that we serve that are coming to our work site also feel safe. Uh, you know that that they’re not going to get infected. So eso the pre planning is is, I think, crucial right now. [00:12:44.75] spk_2:
Otherwise, you just compounding the crisis. If you’re leaving this until the last minute are you know, the week before or something. You know, it’s not gonna be enough time to look at all the guidance because so you said, CDC, OSHA, and you also have to look to the your state whatever state guidance there may be. And even potentially, your city could have guidelines around requirements for businesses. [00:14:00.84] spk_0:
Absolutely, absolutely on social distancing. But here’s some other things that I wanted to mention that employers could think about. Two. Is there as they’re planning? Um, I mean, the goal is to to continue the social distancing for now until we know that the threat is over, and so they could consider things like staggering of start times that employees start work staggering in the end times, particularly where people are in larger urban areas. And they may be Trent, you know, traveling by bus or subway where they’re gonna be congregated with a lot of people. And so to reduce that from happening. If employers consider maybe staggering the time that an employee comes to work to avoid Rush Hour or to stagger the time that the employee is going home from work to avoid rush hour, that could be a possibility or changing the day. So we’re [00:14:16.45] spk_2:
thinking maybe I could get a work day that’s like 10 to 2. Can I squeeze Shoot 10 and leave around two, or maybe to 30 with, and I’ll reduce my lunch to an hour and 15 minutes from an hour and 1/2 That that that is not considered a reasonable accommodation? [00:14:27.64] spk_0:
Well, a reasonable combination isn’t another context. [00:14:43.54] spk_2:
I know. Yeah, no, I’m being unreasonable a za potential. But I could never be an employee because that, you know, there are a lot of reasons I couldn’t work for um, so, yeah, I mean, even staggering weeks, maybe. Maybe right 11 team works off site for a week and then comes into the office and the other team, and they rotate it, rotate around that way [00:15:18.91] spk_0:
absolutely. Or having someone working on a weekend day as opposed to a weekday as a substitute, as a way to to stagger, first of all, so that you are helping the employees reduce the risk if they’re gonna be traveling by mass transit or in a large group. Secondly, er, to reduce the number of people just in the office together at one time. So [00:15:34.93] spk_2:
there’s a potential, you know, in being flexible like this, there’s a potential to actually, you know, toe help families who, you know, maybe it’s ah, it’s a couple. And it helps them that one of them works on a Saturday or that one of them has, you know, unusual hours tend to six or something. Maybe that helps the family. And so you can build f have that flexibility and also be good to your employees at the same time. [00:16:17.54] spk_0:
Yeah, absolutely. I mean, I would say one of the kind of key takeaways from all of this is employers should be flexible in the solutions that they are coming up within this time. That’s so unprecedented, but should should just be flexible on the possibilities of what exactly they can provide and what they can offer in terms of bringing the workers back to work and doing it in a way, that’s that’s Ah, that’s safe. Um, so yeah, well, [00:16:20.11] spk_2:
I was gonna turn Teoh reasonable accommodations, which I perverted a couple of minutes ago. But, um what what do we need to be thinking about that? What does that phrase mean? And how does it apply here? [00:22:28.34] spk_0:
So reasonable accommodations. So under the law, employers have a reasonable have a duty to reasonably accommodate employees for because they have a disability for religious practices. Ah, in New York for pregnancy, childbirth and related medical conditions. And so the types of things that one needs to reasonably accommodate an employee for may depend import on your jurisdiction and what that jurisdiction recognizes as being entitled to a reasonable accommodation. But for employers who have 15 or more employees, they are covered under a federal law called the Americans with Disabilities Act. And they have a legal obligation to reasonably accommodate employees who have a disability so that that an employee can perform the essential functions of their job. Unless doing that, we would pose an undue hardship on the organization. So how that looks here in in this cove, it situation is if you have somebody who has a disability, they may set a. My doctor says that I need to continue working from home. Ah, nde working from home, maybe a reasonable accommodation. And for that person, it’s also going to be more difficult for employers to say that doing so would pose an undue hardship in view of the fact that so many people have been working from home because of the situation. So somebody has disability, uh, in New York, for instance, if there pregnant or because of childbirth related medical conditions, they may need to. It may be that they that they need to work from continuing work from home is a reasonable accommodation that could be an example working from home or leave of absence or things like that. So where it gets where it now gets trickier, here is the situation where somebody has an underlying condition. Well, let me first say that the E O. C. The Equal Employment Opportunity Commission, which is the federal agency that enforces the A d. A. Has has not said that Cove in 19 is a disability, said it may be good state and city and a human rights laws like New York City. Human rights laws have said that, yes, this this, uh, is a disability and those laws, this is one of most important things is that even if there’s not a requirement into the federal law, state and city laws maybe much more liberal and protective of employees, then what What the a d a provides. So even if a certain reasonable accommodation may not be required under federal law, it may be required under state and sitting law. And so that brings me to the next point about the sister of reasonable accommodations. And that is one of the wrinkles here. Interesting aspects is that we know that people with certain underlying conditions are more susceptible to contracting the virus, right? So individuals who have diabetes, uh, who have, uh, who have respiratory ailments who have auto immune honestly, maybe may be more vulnerable, uh, or susceptible and so So the question comes up. What about somebody who has an underlying health condition? Um, you know, can they, uh, can they refused to come to work, right? I mean, that’s one of the questions, and it’s an open question. I think employers, they’re gonna have to they’re gonna have to consult with legal counsel about what the state and local laws are with respect to that. Um, but the person has an underlying condition like, for instance, in New York City, New York City just issued guidance. Ah, New York City’s Commission on Human Rights just and that’s the agency that enforces the New York City Human rights Law. They just issued guidance around this issue of underlying conditions that employers may need to reasonably accommodate ah, individuals who have an underlying condition in New York City. And it could be in other jurisdictions to having an association with somebody who has a disability is illegal protection. So let’s say an employee has a family member who has a disability that employer can’t discriminate against, or treat that employees less favourably simply because that person has an association with a person with a disability. So depending on the state and city jurisdictions. There could be greater protections for individuals, depending on whether someone there associated with has a disability, whether the employees themselves has an underlying condition. When that employee says to the employer, I want to continue working from home or I need to take time off or something or something to that effect. So it’s kind of it. It’s another aspect of this that employers need to be thinking about. Not just what is the federal Lost A but one of the state and local law say about how I need to accommodate this person and whether they can refused to come to work because of ah, of the of the fear of, uh, of contracting the virus and they might be entitled to. I’m sorry, Go ahead. [00:22:48.84] spk_2:
What about if it’s just a fear? But there isn’t un underlying, um, underlying diagnosis that makes them more vulnerable either themselves or someone there associated with suppose. It’s just a generalized fear of traveling and returning to work without any underlying medical issue. [00:25:14.47] spk_0:
Generally, they wouldn’t be able to refuse unless there is Yeah, generally, I mean, once the stay at home order has lifted. Ah, and e No employers are clear to reopen their workspaces. Someone’s general fear isn’t gonna be illegal. Generally gonna be illegal. Ah, excuse provided legal excuse from them not to return to work. I mean, if they if they’re entitled to paid sick leave or paid extended family leave for one of the reasons under the families first grown of his response act, That’s one thing. Generalized Fear, uh, is not going to give them a legal claim for refusing to come back to work. That said, uh, to the extent that employers can reassure their employees as to number one, the efforts of the employers taken in the workplace, them safe. I’ve heard situations of employers who they hire a private van or bust or something where they’re going to bring employees into work to avoid having to deal with mass transit. So employers can be creative and ways in which they can support their employees on reassure the employees about the safety of both being at the workplace and coming to the workplace and being flexible and accommodating, even when there may not be a legal obligation to do so. But for reasons of employee morale and motivating employees finding creative and flexible ways to support employees coming back to the workplace. You know, alternative ways for them to get to work. Ah, and reassuring them that we’re providing face coverings and and gloves so that you feel safe when you’re here. We have protocols for people who are visiting the workplace so that we know you know, that they’re taking precautions when they’re gonna be interacting with you as an employee. Those things go a long way for employees to feel reassured that they that they’re gonna be that their safety concerns are being addressed. [00:26:18.91] spk_2:
A lot of a lot of what you’re suggesting today is consistent with what you said in the very first. You and I did the very first special episode together, which was probably five weeks or so ago when when we were on the other. We’re talking about other things, just planning for working at home, and a lot of your advice there was be flexible. Um, be thinking ahead. What’s it gonna look like when you, when your workforce is distributed back to home, are after their homes communicate? That was a central message then, and it still is, and this is exactly what you’re saying. Now, you know, communicate with your employees about what you’ve done about what you’re going to do, um, to help them just be reassured. So I mean, the details are different because we’re going from home to back to the office is But your overall messages about be flexible, communicate, um, have some empathy. You know, those air plan ahead. Those are the same things you were saying five weeks ago about the opposite situation. [00:28:13.44] spk_0:
We are on the other side. It’s true. But those those values and those tools I think are the same because those are the things that give employees reassurance that everything gonna be okay on dhe on dhe. People may have fear about coming back to the office coming into the office again. So to the extent those things can be done, you know they should be done on employers, you know, because we’re in the pandemic. They have also some more flexibility in terms of certain things that otherwise might not be able to do under the Americans with Disabilities Act like taking employees temperatures, although not everybody who has Cove in 19 has a fever, but employers can do that? They can scream. Okay. They can. They can. They can ask employees whether they have the, you know, particular symptoms that have been identified specifically with covert 19. Uh, they can insist that employees self report to them. If those employees start exhibiting any of those symptoms to let them know, uh, employers could do that. Now, of course, they have to keep any any medical information, which includes the results of temperatures and things like that. If they were to do that, they have a legal obligation to keep that information confidential. So whether they decide they’re gonna take the temperatures and record those temperatures or they decide, we’re only gonna look to see if somebody is above a certain threshold. And we’re only going to indicate on a form that they were either below or above the threshold. They can make those determinations themselves about how they they want to administer it. But whatever the results are, they must keep that information confidential. Um, [00:28:29.31] spk_2:
yeah, I want todo Did you have more than you wanted to say on that? Uh, I thought that what employers? How much further? Employers can go now with questions. And then you know, you still got to or cause I was gonna ask, I was gonna start asking something else, but [00:28:34.19] spk_0:
I’m sure I know. Go ahead. OK, [00:28:35.88] spk_2:
OK. The, um [00:28:37.74] spk_0:
what do you do [00:28:51.64] spk_2:
in the case where someone is, um, is happier on unemployment because, you know, there’s, ah, there’s that federal bump of $600 a week. Um, plus, whatever the state is paying unemployment benefits, Um, what if you have You just have a recalcitrant employees who is happier receiving the unemployment than then they would be going back to [00:29:35.05] spk_0:
work. So that’s an excellent question and something that we actually see. And I think first of all, the bump ends on July 31st. That’s the first thing the $600 additional, Uh, so that’s the first thing that the second thing is typically to be eligible for unemployment insurance. The person has to be ready, willing and able toe work. And if they’re being offered a job back, they may be in a situation where they end up being disqualified from unemployment insurance. [00:29:40.28] spk_2:
You have to certify right that you, I guess, includes that you turned down employment. If you did right, I don’t have to certify. I mean, I know in North Carolina, you have to certify each week it’s probably routine, uh, about white Look for a job, you know, things like that. So it just if you turned down your existing employers offer of returning to work, Um, that’s that would disqualify you for unemployment. [00:30:15.76] spk_0:
They may. They may be depending on the state deemed ineligible to continue receiving unemployment. If they were then offered hope so. Yes. Oh, [00:30:19.64] spk_2:
I’m happy here. [00:30:21.24] spk_0:
It is this way until [00:30:35.64] spk_2:
July 31st. I’m very content right here. Right. OK, so there’s a mechanism for dealing with that on the on the unemployment insurance state level. Yeah, hopefully. OK, alright. We could dismiss that hypothetic. But you said you ve seen that, or you’ve heard it already. [00:30:41.64] spk_0:
They were because they’re making more money at this point. So it [00:30:45.27] spk_2:
was a purely hypothetical. You’ve heard [00:30:47.20] spk_0:
I exactly. Yeah. [00:31:24.46] spk_2:
Okay. Okay. Well, not all employees air lazy and not all employers or scruple. Unscrupulous. So, you know, make that z ensure we, uh, fair to both sides. Um, And on this, by the same token, there’s enough blame to go around for everybody. Um So what do we have? Toe? You know, you’ve talked about so many different things. Do we have to have written policies about You know what the expectations are gonna be when you return? We’re gonna be standing for fever. Will be issuing PPS. Um, here’s our policy for visitors to the office. Now you need to comply with this. If you see a visitor, you welcome a visitor. Do there’s always need to be in writing. [00:34:17.69] spk_0:
Um, not everything needs to be in writing, but certain things should be in writing so that everybody is on the same page. I think I think employers can communicate just again. It depends on the size of the employer as well. In terms of whether something will be in writing or not. I think that you know more long term, longer term policies, uh, and protocols. I mean, you could have you number one. If you do have people continuing to work remotely, definitely want to have a policy on that. You want to have an agreement with that employee so everybody understands what is being expected. What? The terms are what you’re expecting with respect to employees to record their time for those that air covered by the overtime pay laws. You want to make sure that everybody understands about the importance of confidentiality and protecting the data security and and all that for employees in accounting to work remotely for paid sick leave on pay, extended paid family leave under the families First Law. You certainly want to have policies addressing those and the interplay with your other paid time off policies for absolutely for protocols on visitors to the workplace and things like that. Uh, depending on the size of the organization, you you will. You would want to have a policy addressing that particularly things are now changed in terms of how you’re gonna be interacting with visitors to the workplace, does it all the things that you would want to to have, uh, you would want to have policies on for sure. Andi would also want to train your managers and your employees about what these new policies are. So have a chance to address questions, but particularly the managers who were gonna be enforcing these policies. I mean, it’s ultimately in many cases, gonna be a to the managers who will be enforcing the social distancing who will be addressing, you know, safety concerns. Who will be, um, who will also be may be involved in decisions about who’s coming back into the workplace and who’s not. And you want to be careful about that as well that there isn’t, uh, discrimination happening either. You know, people are paying, being desperately treated or you have some type of neutral policy that’s disproportionately impacting older people. Pregnant women, etcetera. And also there’s been a noted increase in in bias against Asians, Um, during this pandemic, um, both in the workplace and outside the workplace. [00:34:23.65] spk_2:
We talked about that five weeks ago. [00:34:25.16] spk_0:
We did so [00:34:26.40] spk_2:
the possibility of that. Yeah, [00:34:55.34] spk_0:
exactly. So it’s It’s really important that employers are reminding all their employees about their policies, prohibiting discrimination and doing any supplemental training that they feel is necessary to ensure that there aren’t derogatory comments. Remarks directed at Asians Has everyone returns to the workplace. So increased training. I would say a lot of [00:35:02.56] spk_2:
love can be done in advance. You can be absolutely obviously developing the policies, but also training about the policy discussing them before the first day back. [00:35:08.51] spk_0:
Absolutely. Yeah. Uh, could be doing that now. [00:35:13.69] spk_2:
So planning, developing and communicating than training that stuff could all be done in advance. Virtually [00:36:00.88] spk_0:
yes, yeah, all that could be done. So and also just you know what the employers planning to do exactly. From a safety perspective, you know that they’re adhering to the CDC protocols and directives and what OSHA is recommending and just reassuring their employees about what they’re doing to keep them safe on dhe and also what the mechanism is for employees to bring forth any issues. Like if an employee in a particular work site feels that their manager hasn’t been, Ah hasn’t been acting consistently with what the organization says it’s being done or that there isn’t social distancing happening or the people they feel. The people aren’t taking precautions to keep them safe. Employers want to make sure that they hear from those employees so that it can be addressed, so they want to make sure they communicate whatever the mechanism is for employees to to bring those issues forward. [00:36:38.37] spk_2:
Okay, Lisa, I think that’s pretty comprehensive. That’s enormously comprehensive. Um, I mean, I was like my takeaways are planned. Be flexible, communicate train, You know, on all these dozens of different things that we talked about. What? That’s that’s what I That’s what I’m thinking. Like in the end. What do you want to leave people [00:37:51.63] spk_0:
with? I think those air I think those air perfect takeaways. Actually, all of those things be flexible in solution plan. Now for what reopening is gonna look like whose whose ableto continue to work from home. Who on Who needs to come back to the office? Are we being Are we making these decisions for lit? Legitimate, non just discriminatory business reasons. Is it gonna have a disparate impact on a particular group? Older people pregnant, you know, take a look at your decisions and what the impact potentially could be, uh, or will bay in making your decisions plan and, uh, and and the and be flexible in your in your solutions on a train train your employees train your managers to make sure that they’re following the protocols that you’ve put in place and that they have awaited to raise any grievances or complaints or concerns eso that those get can get addressed. [00:37:57.33] spk_2:
Okay, Incredibly comprehensive. Thank you very much. Lisa, [00:38:01.00] spk_0:
you’re very welcome. My pleasure, tony. [00:38:31.86] spk_2:
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