One Year Later: How COVID-19 Changed the Workplace
More than a year has passed since the first cases of COVID-19 appeared in the United States. During that time, the workplace has seen a number of changes, and much of the impact will continue to be felt for the foreseeable future. Below is an overview of how the workplace changed in three key areas and what this may mean for employers in the years to come.
#1: Safety
In response to the COVID-19 pandemic, various executive orders, laws, and regulations were adopted to require businesses to take specific precautions to protect employees and customers from COVID-19. Emergency laws and regulations were approved in jurisdictions like California, the District of Columbia, Michigan, New Jersey, Oregon, Utah, and Virginia. These regulations generally require specific policies and workplace controls, such as social distancing, face coverings, and sanitation as well as training and instruction for employees.
Even if you aren't subject to specific safety requirements for COVID-19, all employers are subject to the "General Duty" clause of the Occupational Safety and Health Act and similar state laws. This rule requires employers to provide a place of employment that is free from recognized hazards that cause or are likely to cause death or serious physical harm. As it relates to COVID-19, the General Duty clause requires employers to take reasonable steps to prevent workplace exposure to the virus. So, you should still develop clear safety policies and protocols to protect employees (and customers). This remains true even as more individuals are vaccinated or as the number of COVID-19 cases drops.
#2: Leave
Since the early days of the pandemic, many federal, state, and/or local requirements have been adopted to provide time off to employees who are impacted by COVID-19. For example, in March 2020, the United States Congress passed the Families First Coronavirus Response Act (FFCRA), which required employers to provide paid leave to employees for certain situations related to COVID-19 and established tax credits for employers. The mandatory leave portion of the FFCRA expired on December 31, 2020, but Congress has extended the tax credit portion of the law through September 30, 2021 for employers that voluntarily provide the leave.
In the past year, many states and local jurisdictions have also enacted new paid leave requirements to address situations related to the COVID-19 pandemic. Here are a few examples:
- California: On March 19, 2021, California passed a law requiring employers with more than 25 employees to provide COVID-19 supplemental paid sick leave. The law applies retroactively to January 1, 2021 and will remain in effect through September 30, 2021. This leave is in addition to any paid sick leave to which the employee is entitled under state law. Employers had until March 29, 2021 to start providing the leave. However, since the law applies retroactively to January 1, 2021, if an employee took qualifying leave from January 1, 2021 through March 28, 2021 and makes a request for retroactive payment on or after March 29, the employer must provide it. Note: Several local jurisdictions in the state have approved similar requirements, some of which cover smaller employers.
- Colorado: Effective January 1, 2021, Colorado employers with 16 or more employees must provide paid sick leave to their employees (for employers with fewer employees, the paid sick leave requirement takes effect January 1, 2022). Colorado employers must also provide a supplemental amount of paid leave during a public health emergency. This requirement was triggered for all employers on January 1, 2021.
- New York: New York has enacted a few paid leave laws since the pandemic began. For instance, New York requires employers with five or more employees to provide paid sick leave to employees. Employers with four or fewer employees and net income of $1 million or less may provide unpaid sick leave. New York also enacted a law that requires employers to provide paid leave to employees who are unable to work because they're subject to a quarantine or isolation order (employers with 10 or fewer employees and net income less than $1 million may provide unpaid leave). Additionally, New York recently enacted a law requiring employers to provide paid leave for employees to receive a COVID-19 vaccination.
Several state and local jurisdictions had existing paid sick leave laws that they have amended or clarified to account for pandemic-related absences. Under these laws, employees are able to take leave for COVID-19 related purposes under their state or city paid sick leave law.
Absent a requirement to provide paid leave to employees, employers may want to consider adopting a paid leave policy voluntarily to help encourage employees to stay home when sick and prevent the spread of COVID-19 and other illnesses in the workplace. It's also important to remember that employers may be eligible for federal tax credits for providing COVID-19 leave that aligns with the FFCRA through September 30, 2021.
#3: Remote work
The pandemic has been a crash course in remote work for many employers and employees. Some of the remote arrangements that started during the pandemic will continue into the foreseeable future for safety reasons and/or because of business or worker preferences. Employers with employees who work remotely should review their policies, practices, and procedures to ensure compliance with applicable laws and to promote employee safety, engagement, and productivity. This review should involve:
- Setting clear performance expectations;
- Establishing and enforcing rules for protecting company information;
- Ensuring employees have the tools and technology to do their jobs effectively;
- Taking steps to promote communication and encouraging teamwork;
- Adopting strategies for preventing overwork; and
- Conducting audits to confirm compliance with applicable laws (such as, keeping accurate time records, meeting rest and meal period requirements, and furnishing required notices).
Conclusion:
The impact of the pandemic on workplace safety, leave requirements, and remote work will be felt for years to come. Ensure your policies and practices comply with applicable laws and meet your changing needs.