![]() By: Deena B. Rosendahl, Esq., Partner, Kaufman Semeraro & Leibman, LLP In the coming weeks, states such as New York and New Jersey are likely to see a relaxation of Shelter in Place Orders and non-essential business restrictions. We’ve been hearing it for weeks – this will not be a “flip the switch” and it’s business as usual. Rather, a re-opening of business will occur in stages with due consideration given to employee numbers, new health requirements, leave requirements, and other considerations. Although exact legal requirements for any re-opening have not yet been announced, business owners should not wait for those orders to start the planning process. All businesses preparing to re-open are urged to implement a well thought-out plan with relevant policies adopted to ensure a successful and safe return to business operations. Although your state’s Governor will be issuing Orders for the re-opening of local businesses, any plan for re-opening will not be a “one size fits all.” Rather, your plan should be uniquely tailored to your physical workspace, type of business, services offered, client needs, and employee makeup. Plans must comply with local government Orders, and Employers are also urged to consider guidance issued by the Center for Disease Control, OSHA, and the Equal Employment Opportunity Commission. Any plan must also ensure compliance with ADA and state/local anti-discrimination laws. Involve all of your critical business partners in your decision-making process. Any re-opening will create legal, human resources, and economic concerns. Therefore, your plan should be derived from an “all hands on deck” effort. Any plan for re-opening and continued operation during the pandemic should be adopted by written policies advising your Employees of your new protocols. Written policies not only inform Employees of your new procedures, but they serve as a protection for the business in its ongoing operations. Clear written policies notifying Employees of a change in business protocols permit Employers to enforce new policies, provide protection against claims of federal/state and local laws, and serve as a valuable tool in managing operations. Regardless of your industry, all Employers should consider policies addressing:
Re-opening your business is not as simple as unlocking your doors and welcoming everyone back. Having a well thought-out plan with policies in place will benefit you as a business owner, your employees, and the business as a whole during this transition. Please contact Deena B. Rosendahl at (551) 552-2045 or [email protected] to begin planning your re-opening.
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