Checklist for Employers for Maintaining Employees Through Pandemic

  • Follow all federal, state and local guidance on employee safety and closures
  • Review your Handbook for guidance on PTO and sick leave allotments
  • Familiarize yourself with federal and state emergency relief legislation to analyze how those benefits can be applied to your workforce
  • Consider what state benefits your employees may be able to take advantage of, such as state unemployment (partial or full), temporary disability, paid family leave and workers’ compensation
  • Implement temporary remote working policies if work can be performed remotely
  • Consider employing strategies, such as indefinite and rolling furloughs or reduced work schedules
  • Make sure you employ neutral, non-discriminatory criterion in selecting employees for work continuation, furloughs and in paying out benefits
  • Review your group health plan document, or certificate of coverage if your plan is fully insured, to determine whether employees who are not actively working may remain covered and for how long. Speak to your insurance carrier
  • Provide COBRA notice, if benefits are being terminated to advise employees of their rights and eligibility for COBRA
  • Comply with applicable state law regarding requirements for employment termination notification
  • Be mindful of city, state and federal wage and hour requirements as they relate to exempt employees. Exempt employees’ salaries must remain in compliance with the applicable salary basis, and exempt employees should not be “docked” pay in any given workweek
  • Confirm timekeeping methods for non-exempt employees working remotely, so all hours worked can be captured and paid for
  • Maintain confidentiality of health information shared by employees
  • Consult with counsel

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