UBCC COVID Business Resource Series

BY MELINDA RIZZO

Do you have a rapid response plan? Is your business on hiatus? Are your employees at risk?

With so many businesses closed due to the novel coronavirus, or Covid-19 pandemic, alongside uncertainty about when it will end and how quickly recovery will begin, there are steps business owners can take to protect their workforce, customers, and to be better prepared for whatever the future may hold.

“One of the ways you protect your business is by protecting your employees and your patrons,” said Jonathan A. Segal, attorney, partner and managing principal at Duane Morris LLP, a law firm in Philadelphia.

Segal joined the first PA Chamber webinar held March 19th to address the pandemic and offer tips surrounding legal issues, employment law and employer’s responsibilities.

He said employees who feel valued are also those who likely would remain loyal after the pandemic and restriction tide turns, helping businesses return to normal operations.

“Things are changing as we speak. As employers we need to have a rapid response team [RRT] which is critical to the key functioning of a business during this time,” Segal said.

The critical function of an RRT is to respond to reports or disclosures such as a Covid-19 diagnosis, keep a communication pipeline open, and provide employees with resources. A company human resources manager or HR key employee, as well as a health care employee should be part of the RRT, Segal said.

He said policies should be as simple and general as possible, to make employees feel comfortable in coming forward to report issues.

“If an employee reports having a diagnosis or close contact or suspected contact it is important to have that RRT in place,” Segal said.

He said avoid using language that might not be accurate or worse, cause legal problems later.

Unless the business is completely shutting down, don’t use phrases like “an abundance of caution,” he explained. “Avoid absolutes and be prepared to make exceptions to circumstances,” Segal said.

He recommended following up conversations, in person or over the phone, with email to provide a written document trail, just in case one would be needed later.

If employers are allowing work from home or remote situations, hourly worker’s pay and reporting need to be handled differently from those who are exempt or salaried employees.  It’s important to follow state employment wage and hour rules, too.

He said some areas meant to protect workers and their income, such as worker’s compensation and the Family and Medical Leave Act of 1993 expansion are new territories. The FMLA entitles eligible employees of covered companies to take unpaid leave to care for family members. A Forbes.com article reported The Responsibility for Workers and Family Act was still in the U.S. legislature, and aims to provide relief during the current pandemic. It addresses debt collection, and small business loans, unemployment, Medicare, Medicaid and private insurance, housing and student loans among other key factors of daily life.

In the end, Segal stressed the importance of remaining in touch with employees and providing them support, especially regarding mental health. “How are people doing? How are we keeping a sense of normalcy? People want to talk about things other than Covid-19,” Segal said.

 “This is not a one-size-fits-all situation. At the end of the day, we are all human beings,” he said.

UBCC is committed to providing support to our members and future members by sharing resources and establishing new initiatives with the Upper Bucks community.  Each week we will share articles and information to assist our businesses navigating these unpredictable times.

Now more than ever, UBCC is here to be your voice, represent our businesses, sustain business and be a part of the robust plan for recovery.
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PA Chamber of Business and Industry in Harrisburg plans to host weekly online webinars to address the volatile conditions caused by the Covid-19 and offer viewers practical, expertly curated steps to weather the current public health crisis.  Upper Bucks Chamber members may participate free of charge. Registration is required. Visit https://www.pachamber.org/ for more information.