Reopening California: One Stage at a Time
California is currently in the second stage of Governor Gavin Newsom’s four-stage plan to gradually reopen the state amid the COVID-19 pandemic. During this stage, lower risk workplaces, including business offices, may reopen with modifications to protect public health and safety.
Businesses are handling the reopening differently. For those of us at Van Dermyden Maddux, half of our team of 28 is still fully remote, while the other half is returning to the office approximately two to three days a week. Some workplaces are filling their office space at 50% capacity, while others are offering flexible schedules or remote work. Still, some businesses have been reluctant to open their doors at all. With the reopening of the workplace, new challenges and opportunities arise as social distancing remains the norm.
In this blog post, we provide helpful tips to help make the transition to reopening your workplace easier.
Check in with Employees. The effects of the pandemic have been different for everyone. It’s important to check in with your employees to determine their individual feelings of comfort and safety. The impact can manifest in a wide range of emotions, including stress, anxiety, fear, and anger, amongst others. While some employees may be anxious to return to work, others may be reluctant. If possible, take time to check in with employees about how they are feeling and what precautions would make them more comfortable. If possible, implement suggestions that are reasonable and feasible. Ideally, feedback from employees should be obtained in a private or anonymous way – either through surveys or individual meetings.
Adopt Precautions. Monitor state and local guidelines to ensure you are in compliance with any industry-specific requirements. Beyond mandated guidelines, consider and determine which additional precautions are practical for your workspace. These precautions may include:
Modifications to the physical workspace to allow for social distancing, such as closing breakrooms or other gathering spaces, reducing capacity, altering shared workstation arrangements (shared offices and open workspaces), and placing social distancing markers and signs reminding employees to maintain six feet of distance.
Adopting additional sanitization measures: limiting hours of operation to allow for adequate sanitization of the work space, installing hand sanitizer dispensers, implementing physical entry and exit protocols, and requiring masks or other personal protective equipment.
Other precautions: using in-office videoconferences or phone calls in place of in-person interactions when possible and limiting or modifying services provided.
Provide Reassurance. Clearly communicate precautions to both employees and customers or clients. If possible, provide employees with explanations for why certain precautions have or have not been adopted. Transparency and communication can help reduce apprehension.
Anticipate and Prepare for Potential Conflicts. In these uncertain times, there may be an increase in workplace conflict. Be cognizant of the following potential conflicts:
Employee disagreements over which return to work precautions are necessary;
Interpersonal conflicts based on the uncertainty of the situation, which may leave employees “on edge”;
Disagreements over how responsibilities are distributed, especially if it requires some employees to physically return to the workplace earlier than others, may contribute to conflict;
Concerns regarding employees not following COVID-19 related policies and procedures; and,
Politically and socially-based conflicts among employees with differing views.
Develop Policies in Advance. In order to create a smooth transition and avoid potential conflicts, develop internal policies and practices and disseminate them to employees in advance of a return to the workplace. Having clear policies in place to respond to anticipated conflicts helps ensure the same standards are applied to everyone. Clear guidance and expectations are also reassuring to employees. Present the new policies in a way that encourages employees to understand the unprecedented nature of the situation and cultivates an environment of open communication and compassion. Additionally, be flexible and allow for changes in the policies as new issues arise. New or modified policies may be needed in the following areas:
Policies on paid leave (such as sick time), unpaid leave, and telecommuting may need to be updated to account for the current circumstances.
Policies on how to respond to employee complaints about compliance issues and interpersonal conflicts. For example, what is the consequence if an employee refuses to wear a mask despite the employer’s policy? Will the response differ if it is a local or state issued requirement?
COVID-19 Specific Policies: Will employees be screened for symptoms? If so, how? What will be done with that information? What steps will be taken if an employee tests positive, or is known to have interacted with someone who tested positive? Will certain activities (like traveling interstate) require a self-quarantine period before returning to work?
As we move forward into Stage 2 remember that these are ever-changing times. Employers need to be ready to address the individual and collective needs of their employees. By taking these steps, employers can demonstrate they are committed to the well-being, safety, and health of their employees.
Maureen Dahl is an Associate Attorney with Van Dermyden Maddux Law Corporation. Her practice focuses on discrimination-based complaints in both private and public-sector employment contexts and Title IX campus investigations and hearings.
The foregoing is for informational purposes only and is not legal advice, nor should it be construed as such.
