COVID-19 EMPLOYEE-RELATED LEGAL RISKS

CD: Could you provide an overview of the extent to which employers are working toward resuming ‘normal’ operations amid the coronavirus (COVID-19) pandemic? In what ways is this likely to differ from pre-pandemic practices?

Martucci: There is a new normal after coronavirus (COVID-19). Companies – large companies – discovered they can operate with a majority of their employees working from home. The pandemic exposed weaknesses in employers’ leave, workers’ compensation and human resource abilities. Many companies took a financial hit, leading to furloughs, layoffs and other means of preserving liquidity. As the promise of a vaccine looms and businesses grow more comfortable with remote work, the big question employers must face is: what was good about the pre-COVID brick-and-mortar office environment, and what can be left behind? For most, the new normal includes reduced office space. Employers invested substantially in laptops and personnel to make remote work possible, and, having successfully functioned that way for eight months, they feel prepared to integrate that working model into standard practice going forward. Many employers are increasing human resource departments to help handle the onslaught of COVID-related Equal Employment Opportunity Commission (EEOC) regulations and assist employees who struggle with mental health or family issues while working from home.

Jan-Mar 2021 issue

Shook, Hardy & Bacon L.L.P.