In this guidance, we continue to answer frequently asked questions from U.S.-based employers across industries responding to COVID-19. We address employment considerations (and note certain related employee benefits considerations) relating to reopening workplaces as stay-at-home orders are lifted.
The below information is updated as of May 11, 2020. Future developments may warrant further updates, and we encourage employers to reach out to a member of the Sidley Employment Team with questions and for guidance regarding their specific situation. Qualified legal counsel can help ensure that employer policies, practices and decisions reflect the most up-to-date developments in the law and state and local government and public health authority responses to COVID-19. This guidance regards only U.S. employment law.
For further updates and other resources, please be sure to check our Sidley COVID-19 Resource Center page: https://www.sidley.com/en/insights/resources/coronavirus-resources.
Given the rapidly developing situation, we strongly encourage employers to reach out to a member of the Sidley Employment Team with questions regarding their specific labor- and employment-related situations. Legal developments at the federal, state and local levels may affect employers’ potential range of responses to each of the below issues. We are closely monitoring these developments. The information provided should not be used or applied in any manner that prevents employers from taking reasonable, common-sense steps to protect the health and safety of employees, customers, vendors and their communities. Again, individualized legal counsel on these questions is critically important.
While our guidance notes certain employee benefits and compensation considerations, the actual impact of the relevant employer actions will vary based on the specific actions taken and will depend on plan terms that differ from plan to plan and from employer to employer. We suggest that employers seek legal counsel with respect to compensation and benefits-related implications of specific employment actions, including reaching out to a member of the Sidley Employee Benefits and Executive Compensation Team.
How might employers consider modifying worksites and workplace practices in light of COVID-19?
Please contact us with any questions regarding state-specific guidance or application to your workplace. Contact information for the Sidley COVID-19 Task Force can be found here: https://www.sidley.com/en/services/healthcare/sub-pages/covid-19-contacts.
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