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Beyond the return-to-work plan: additional steps to mitigate COVID-19-related claims

July 2020 employment law letter
Authors: 
Kara E. Shea and Jennifer Aaron Hataway, Butler Snow LLP

COVID-19 and the related stay-at-home orders have affected every employer differently. Some were able to shift to a telework model, while others modified their workplace operations or closed their doors completely. But, as the country moves toward reopening the economy amid the continuing threat of the virus, every employer is grappling with how to protect not only their employees from infection but also their business from liability. Even employers that have prepared and implemented well-designed return-to-work plans are wondering what other steps they can take to protect their businesses from employee claims related to the contagion. We have a few suggestions.

Remain up-to-date on guidance, best practices

If COVID-19 has taught us anything, it’s to expect the unexpected. Depending on the location of your workplace, spikes in infection rates could require you to revise your return-to-work plan to comply with additional state and local guidance or industry best practices. Further, our knowledge of the symptoms, prevention, transmission, and treatment of the coronavirus is evolving. A return-to-work plan must also evolve. Revisions may be necessary to eliminate practices no longer deemed effective or to implement different strategies.

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