Coronavirus (COVID-19) Resource Kit: Return to Work
Go to: Returning to Work|Employee Leave Issues|Health and Safety Considerations|Accommodations under the Americans with Disabilities Act (ADA)|Discrimination, Harassment, and Whistleblowing/Retaliation|Privacy Concerns|Emergency Planning|Wage and Hour Issues|Telecommuting and Flexible Scheduling|Immigration Issues|Employee Benefits Issues|Executive Compensation Adjustments|Retirement Plan Impacts|Workers' Compensation|Furloughs, Layoffs, Terminations, and Severance|Unemployment Issues|Labor Arbitration
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As companies, firms, and businesses prepare to bring employees back to work following coronavirus (COVID-19) related lockdowns and quarantines, many workplace considerations emerge. This resource kit brings together vital guidance as employers prepare to reopen offices and resume operations. It also includes guidance on employment related issues going forward and tools to assist with planning for future events and interruptions.
To keep up with key federal, state, and local coronavirus Labor & Employment legal developments, see Coronavirus (COVID-19) Federal and State Employment Law Tracker. Also see state and federal COVID-19 legislative, regulatory, and executive order updates from State Net, which are available here.
For non-COVID-19-related key Labor & Employment legal developments, see Labor & Employment Key Legal Developments Tracker (Current).
For a resource kit covering additional COVID-19 issues for Labor & Employment, Employee Benefits & Executive Compensation, and additional practice areas, see Coronavirus (COVID-19) Resource Kit.
For a practice note summarizing the various types of COVID-19 workplace cases that employees have filed against employers to date, along with an analysis of the frequency of these types of lawsuits to identify current litigation trends, see COVID-19 Workplace Litigation Trends.
Returning to Work
This section brings together guidance on return-to-work planning, timing, communications and necessary workplace changes.
| Practical Guidance Documents | Notes | Practical Guidance Content Type |
| Vaccination and Testing in the Workplace State Law Survey | This survey addresses federal and state legislation, orders, rules, and guidance on coronavirus (COVID-19) vaccination and testing for employees. Specifically, this survey addresses whether employers must require vaccination for certain employers or, conversely, whether there are restrictions on requiring employee vaccinations beyond existing disability/medical or religious exceptions to mandatory vaccination. Additionally, this survey addresses whether employers must pay for costs associated with employee COVID-19 tests and vaccinations, including for the time spent undergoing the testing and paid leave for vaccination. | Practice Note |
| Pandemic Flu/Influenza/Coronavirus (COVID-19): Key Employment Law Issues, Prevention, and Response | This practice note will assist employers in preventing and responding to a pandemic flu, including the coronavirus (COVID-19). It contains a full section regarding COVID-19 vaccination issues. It also has a full section of questions and detailed answers on return-to-work issues. It also discusses agency guidance from OSHA, the CDC, the DOL, and the EEOC regarding COVID-19. Finally, it addresses key employment law issues most affected by a pandemic flu and COVID-19, such as health and safety, leave law, the ADA, wage and hour, telecommuting / teleworking / remote work, layoffs and furloughs, and the WARN Act. | Practice Note |
| Coronavirus (COVID-19) Vaccine Policy (Mandatory) | This form is a coronavirus (COVID-19) vaccine policy that mandates vaccination for employees with limited exceptions. | Template |
| COVID-19 Vaccination/Booster Certification | This form is a certification from employees confirming receipt of the COVID-19 vaccine and/or booster shot. | Template |
| Coronavirus (COVID-19) Vaccine Policy (Non-Mandatory) | This form is a coronavirus (COVID-19) vaccine policy that strongly recommends vaccination for employees. | Template |
| Declination of Coronavirus (COVID-19) Vaccination for Medical Contraindication | This form is a declination of coronavirus (COVID-19) vaccine form that permits employees to decline the vaccine based on medical contraindications. | Template |
| COVID-19 Vaccination: Key Employment Law Issues | Discusses key employment issues raised by the coronavirus (COVID-19) vaccine. | Practice Note |
| Employers Should Plan For Vaccine Religious Exemptions | Discusses employers' options with respect to a forthcoming COVID-19 vaccine, including making it mandatory, and the exceptions to such a requirement. | Article |
| COVID-19 Workplace Litigation Trends | This practice note summarizes the various types of COVID-19 workplace cases that employees have filed against employers to date, along with an analysis of the frequency of these types of lawsuits to identify current litigation trends. | Practice Note |
| COVID-19 Return-to-Work: Key Employer Considerations | Understand key legal considerations and guidelines for advising employers on returning the workforce to the physical workplace during the COVID-19 pandemic and post-availability of the COVID-19 vaccine. | Practice Note |
| COVID-19 and the Return to Work Podcast | This podcast discusses the issues employers should consider as they address employees returning to work in person. | Podcast |
| Coronavirus (COVID-19) Face Masks State Law Survey | This survey is a reference guide to state orders and guidance governing the use of face coverings in the workplace. | Practice Note |
| Face Mask and Personal Protective Equipment (PPE) Policy | This form is a face mask and personal protective equipment policy that governs the use of face coverings and other protective equipment in the workplace. | Template |
| COVID-19 Testing Policy | This form is a COVID-19 testing policy that governs employee testing for COVID-19, and the consequences of a positive test result. | Template |
| Infection and COVID-19 Event Response and Communication Plan | This form is an infection event response and communication plan that governs an employer's response to infections and coronavirus (COVID-19) cases in the workplace or the community. | Template |
| Quarantine and Isolation Protocols | This form is a quarantine and isolation protocols policy that governs employees who must isolate or quarantine due to concerns related to the coronavirus (COVID-19). | Template |
| Social Distancing Policy | This form is a social distancing policy that requires employees to maintain a safe distance from others to avoid the spread of COVID-19 in the workplace. | Template |
| Top Employer Return-To-Work Considerations: Part 1 | As COVID-19 stay-at-home orders lift, companies preparing for workers to return must address key issues, such as communication, timing, terms and conditions changes, workers' compensation, and safety. Attorneys at Eversheds Sutherland offer guidance on careful planning for the return of the workforce. | Article |
| Top Employer Return-To-Work Considerations: Part 2 | As shelter-in-place orders expire and employees return to work, companies will need to address benefits issues, including mid-year changes to cafeteria plan elections, Affordable Care Act implications and retirement plan concerns. Attorneys at Eversheds Sutherland provide guidance on preparing relevant communications. | Article |
| Top Employer Return-To-Work Considerations: Part 3 | Employers should capitalize on lessons learned from the pandemic to establish policies for remote work, employment contracts, safety, and employee benefits that will be helpful in navigating future emergencies according to attorneys at Eversheds Sutherland. | Article |
| Pandemic Flu/Influenza/Coronavirus (COVID-19) Prevention, Response, and Return to Work Checklist (Best Practices for Employers) | This checklist highlights key considerations for private employers to prepare for and respond to influenza (flu) and other potential pandemic outbreaks, including the coronavirus (COVID-19) pandemic. It includes a full section on return-to-work issues. | Checklist |
| Return-to-Work: Benefits Guidance in the Time of COVID-19 | This article discusses how many U.S. businesses are starting to prepare for phased returns to the workplace and the impact that various return-to-work approaches may have on their employee benefits and compensation programs. | Article |
Employee Leave Issues
This section contains practical guidance addressing key employee leave issues under the Families First Coronavirus Response Act (FFCRA), which includes the Emergency Family Medical Leave Act (EFMLA) and the Emergency Paid Sick Leave Act (EPSLA).
| Practical Guidance Documents | Notes | Practical Guidance Content Type |
| Pandemic Flu/Influenza/Coronavirus (COVID-19): Key Employment Law Issues, Prevention, and Response | This practice note will assist employers in preventing and responding to a pandemic flu, including the coronavirus (COVID-19). It contains a full section regarding COVID-19 vaccination issues. It also has a full section of questions and detailed answers on return-to-work issues. It also discusses agency guidance from OSHA, the CDC, the DOL, and the EEOC regarding COVID-19. Finally, it addresses key employment law issues most affected by a pandemic flu and COVID-19, such as health and safety, leave law, the ADA, wage and hour, telecommuting / teleworking / remote work, layoffs and furloughs, and the WARN Act. | Practice Note |
| COVID-19 Workplace Litigation Trends | This practice note summarizes the various types of COVID-19 workplace cases that employees have filed against employers to date, along with an analysis of the frequency of these types of lawsuits to identify current litigation trends. | Practice Note |
| Leave and Vacation Sharing and Donation Policies: Key Drafting Tips and Legal Issues | This practice note provides best practices for employers when drafting leave and vacation sharing and donation policies. A leave-sharing and donation policy allows employees to donate or share paid time off (PTO) for use by other employees for medical emergencies, including those related to pandemics such as the coronavirus (COVID-19). | Practice Note |
| Leave and Vacation Sharing and Donation Policy | This form is a leave-sharing and donation policy that allows employees to donate or share paid time off for use by other employees for medical emergencies, including those related to pandemics such as the coronavirus (COVID-19). | Template |
| Coronavirus (COVID-19) Federal and State Employment Law Tracker | This tracker covers federal, state, and major local employment laws addressing the COVID-19 pandemic. It covers (1) expanded paid sick leave; (2) expanded family and medical leave; (3) expanded unemployment rights and benefits; and (4) other key developments (including, among other things, health and safety issues and modified mini-Worker Adjustment and Retraining Notification (WARN) acts). | Practice Note |
| Leave of Absence Effects on Employee Benefit Plans | Discusses employee benefit plan issues for employees on a leave of absence, updated to address issues arising due to coronavirus-related furloughs and reductions in hours. | Practice Note |
Health and Safety Considerations
This section provides information surrounding important workplace safety issues including spacing and social distancing, protective gear requirements, COVID-19 testing, employee travel safety, and compliance guidance.
| Practical Guidance Documents | Notes | Practical Guidance Content Type |
| Vaccination and Testing in the Workplace State Law Survey | This survey addresses federal and state legislation, orders, rules, and guidance on coronavirus (COVID-19) vaccination and testing for employees. Specifically, this survey addresses whether employers must require vaccination for certain employers or, conversely, whether there are restrictions on requiring employee vaccinations beyond existing disability/medical or religious exceptions to mandatory vaccination. Additionally, this survey addresses whether employers must pay for costs associated with employee COVID-19 tests and vaccinations, including for the time spent undergoing the testing and paid leave for vaccination. | Practice Note |
| Pandemic Flu/Influenza/Coronavirus (COVID-19): Key Employment Law Issues, Prevention, and Response | This practice note will assist employers in preventing and responding to a pandemic flu, including the coronavirus (COVID-19). Among other things, it provides detailed guidance on OSHA and health and safety COVID-19 issues. | Practice Note |
| COVID-19 Vaccination: Key Employment Law Issues | Discusses key employment issues raised by the coronavirus (COVID-19) vaccine. | Practice Note |
| Pandemic Flu/Influenza/Coronavirus (COVID-19) Prevention, Response, and Return to Work Checklist (Best Practices for Employers) | This checklist highlights key considerations for private employers to prepare for and respond to influenza (flu) and other potential pandemic outbreaks, including the coronavirus (COVID-19) pandemic. Its primary focus is on the Occupational Safety and Health Administration (OSHA), the Centers for Disease Control (CDC), and health and safety COVID-19 issues. | Checklist |
| COVID-19 Return-to-Work: Key Employer Considerations | Understand key legal considerations and guidelines for advising employers on returning the workforce to the physical workplace during the COVID-19 pandemic and post-availability of the COVID-19 vaccine. | Practice Note |
| COVID-19 Workplace Litigation Trends | This practice note summarizes the various types of COVID-19 workplace cases that employees have filed against employers to date, along with an analysis of the frequency of these types of lawsuits to identify current litigation trends. | Practice Note |
| Coronavirus (COVID-19) Face Masks State Law Survey | This survey is a reference guide to state orders and guidance governing the use of face coverings in the workplace. | Practice Note |
| Coronavirus (COVID-19) Vaccine Policy (Mandatory) | This form is a coronavirus (COVID-19) vaccine policy that mandates vaccination for employees with limited exceptions. | Template |
| Coronavirus (COVID-19) Vaccine Policy (Non-Mandatory) | This form is a coronavirus (COVID-19) vaccine policy that strongly recommends vaccination for employees. | Template |
| Declination of Coronavirus (COVID-19) Vaccination for Medical Contraindication | This form is a declination of coronavirus (COVID-19) vaccine form that permits employees to decline the vaccine based on medical contraindications. | Template |
| Screening and Self-reporting COVID-19 Symptoms/Exposure Policy | This form is a screening and self-reporting symptoms/exposure policy that governs employees' obligation to have their temperature taken, to complete a health/exposure screening form before entering the workplace, and to self-report any symptoms of COVID-19 (or potential exposure) to their employer. | Template |
| Face Mask and Personal Protective Equipment (PPE) Policy | This form is a face mask and personal protective equipment policy that governs the use of face coverings and other protective equipment in the workplace. | Template |
| Infection and COVID-19 Event Response and Communication Plan | This form is an infection event response and communication plan that governs an employer's response to infections and coronavirus (COVID-19) cases in the workplace or the community. | Template |
| Quarantine and Isolation Protocols | This form is a quarantine and isolation protocols policy that governs employees who must isolate or quarantine due to concerns related to the coronavirus (COVID-19). | Template |
| COVID-19 Testing Policy | This form is a COVID-19 testing policy that governs employee testing for COVID-19, and the consequences of a positive test result. | Template |
| Travel Notice to Present to Law Enforcement during Public Travel/Movement Restrictions | Essential employees can present this travel notice to law enforcement authorities while traveling or otherwise out in public during public health emergencies, such as the COVID-19 pandemic or other circumstances that severely restrict or prohibit public movement. | Template |
| Essential Personnel Designation Notice | Use this essential personnel designation notice to advise employees of their status as essential employees. Employers may need to designate essential employees who must work during public health emergencies, such as the COVID-19 pandemic, natural disasters, civil unrest, curfews, stay-at-home orders, or other emergency or crisis situations. | Template |
| Social Distancing Policy | This form is a social distancing policy that requires employees to maintain a safe distance from others to avoid the spread of COVID-19 in the workplace. | Template |
| Employers Should Plan For Vaccine Religious Exemptions | Discusses employers' options with respect to a forthcoming COVID-19 vaccine, including making it mandatory, and the exceptions to such a requirement. | Article |
| COVID-19 and OSHA | Provides practical guidance regarding the impact of the Occupational Safety and Health Act (OSHA) on an employer's maintenance of a safe workplace in view of the COVID-19 pandemic. | Article |
| Whistleblower Complaint Response and Defense Strategies under Section 11(c) of the Occupational Safety and Health Act | This practice note provides guidance on responding to and defending against whistleblower complaints filed under Section 11(c) of the Occupational Safety and Health Act. | Practice Note |
| Coronavirus (COVID-19) Federal and State Employment Law Tracker | This tracker covers federal, state, and major local employment laws addressing the COVID-19 pandemic. It covers (1) expanded paid sick leave; (2) expanded family and medical leave; (3) expanded unemployment rights and benefits; and (4) other key developments (including, among other things, health and safety issues and modified mini-Worker Adjustment and Retraining Notification (WARN) acts). | Practice Note |
| Employers Providing Face Masks Should Review Their Health and Safety Obligations | Provides practical guidance on an employer's requirement that employees use face masks in fulfilling their employment responsibilities. | Article |
| Business Continuity and Emergency Planning | This practice note provides guidance to employers on business continuity plans and preparing for and responding to emergencies, such as natural disasters and pandemic diseases like the coronavirus (COVID-19). | Practice Note |
| Business Continuity Plan | Establishes contingency planning with respect to companies that provide their clients with mission-critical computer services. | Template |
| Business Continuity and Emergency Planning Checklist | This extremely comprehensive checklist guides employers on drafting business continuity plans (BCP) and OSHA-required Emergency Action Plans (EAP) to prepare for and handle emergencies, including, among others, fires, natural disasters, workplace accidents and violence, terrorist attacks, bomb threats, and pandemics, like the coronavirus (COVID-19). | Checklist |
| Emergency Action Plan (EAP) | Typically, hazards that Emergency Actions Plans (EAP) cover are associated with emergencies that arise in the physical realm (weather, security incidents, fires, and pandemics (including COVID-19)). OSHA requires employers with 11 or more employees to keep their EAPs in writing, at the workplace, and available for employees to review. Employers with 10 or less employees must, at a minimum, communicate the EAP to employees verbally. | Template |
| OSH Act Requirements, Inspections, Citations, and Defenses | Provides guidance on complying with federal OSH Act requirements and inspections and understanding defenses and potential citations for noncompliance. | Practice Note |
| OSH Act Compliance, Employee Health, and Workplace Security State Practice Notes Chart | Lists each state's practice notes on state OSH Act compliance, employee health, and workplace security issues in Practical Guidance's Labor & Employment offering, including relevant sections of the XpertHR Employment Law Manual. | Chart |
| Coronavirus (COVID-19) Considerations for Traveling Employees | Discusses key health and safety considerations for employee travel within the United States and abroad during the COVID-19 pandemic. | Article |
Accommodations under the Americans with Disabilities Act (ADA)
This section offers guidance related to ADA issues (including reasonable accommodations) and COVID-19.
| Practical Guidance Documents | Notes | Practical Guidance Content Type |
| Employer Best Practices From EEOC's New Virus Q&A | On June 11, 2020, the EEOC issued a new round of Q&As offering guidance to employers on COVID-19, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Pregnancy Discrimination Act (PDA), potential harassment against Asian employees, various workplace accommodations, and other equal employment opportunity issues. | Article |
| 4 Takeaways From EEOC's New At-Risk Worker Guidance | This article addresses EEOC guidance on what employers should do to accommodate workers who may be vulnerable to COVID-19 under the ADA. | Article |
| EEOC Says Employers Can't Require COVID-19 Antibody Tests | Discusses the EEOC's position that businesses can't make workers take tests that detect COVID-19 antibodies without violating the Americans with Disabilities Act. | Article |
| EEOC Gives Employers A Green Light To Test For COVID-19 | Discusses the EEOC's position that employers will be allowed to test employees for COVID-19 before they enter a work site without running afoul of the Americans with Disabilities Act. | Article |
| Service Animals, Emotional Support Animals, and Pets: Accommodation Rules and Best Practices | This practice note provides guidance on providing accommodations to persons with disabilities and their related animals, including COVID-19 guidance. | Practice Note |
| Cos. Should Brace For Workers' Vaccine Safety Concerns | Discusses the challenges employers are likely to face given the large percentage of people who say they intend to decline a COVID-19 vaccine. | Article |
| Making Antibody Tests Optional Won't Erase Legal Risks | Discusses risks employers face if they make antibody detection part of their reopening plan. | Article |
| EEOC Reissues Yanked Virus Accommodations Guidance | Discusses the EEOC's guidance for how businesses should accommodate workers with medical conditions during the coronavirus pandemic under the ADA. | Article |
| Pandemic Flu/Influenza/Coronavirus (COVID-19): Key Employment Law Issues, Prevention, and Response | This practice note will assist employers in preventing and responding to a pandemic flu, including the coronavirus (COVID-19). Among other things, it includes a section on the ADA and COVID-19. | Practice Note |
Discrimination, Harassment, and Whistleblowing/Retaliation
This section provides information on discrimination, harassment, and whistleblowing/retaliation issues related to COVID-19.
| Practical Guidance Documents | Notes | Practical Guidance Content Type |
| COVID-19 Workplace Litigation Trends | This practice note summarizes the various types of COVID-19 workplace cases that employees have filed against employers to date, along with an analysis of the frequency of these types of lawsuits to identify current litigation trends. | Practice Note |
| Whistleblower Complaint Response and Defense Strategies under Section 11(c) of the Occupational Safety and Health Act | This practice note provides guidance on responding to and defending against whistleblower complaints filed under Section 11(c) of the Occupational Safety and Health Act. | Practice Note |
| OSHA Whistleblower Claims Jump Amid Virus, Watchdog Says | This article addresses the increase of OSHA whistleblowing claims during COVID-19. | Article |
| OSHA Falling Short On COVID-19 Whistleblower Cases | This article details the U.S. Department of Labor's handling of complaints it has received from workers alleging they were punished for raising COVID-19 safety concerns. | Article |
| Employer Best Practices From EEOC's New Virus Q&A | On June 11, 2020, the EEOC issued a new round of Q&As offering guidance to employers on COVID-19, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Pregnancy Discrimination Act (PDA), potential harassment against Asian employees, various workplace accommodations, and other equal employment opportunity issues. | Article |
| Social Distancing Policy | This form is a social distancing policy that requires employees to maintain a safe distance from others to avoid the spread of COVID-19 in the workplace. | Template |
| Political and Protest Activity Policy | This form is an employer policy governing employee political and protest activity that occurs both inside and outside the workplace. The drafting notes to this policy provide practical guidance regarding how employers should respond to employee political activity and protests (including Black Lives Matter (BLM) protests) amid the coronavirus (COVID-19) pandemic. | Template |
| Mediating Employment Disputes Checklist (Including Sexual Harassment Claims) | Highlights the main points for attorneys to consider when pursuing the mediation of employment disputes, including mediation in the age of the coronavirus and best practices for videoconferencing. | Checklist |
Privacy Concerns
This section covers data protection concerns related to both employee and customer data privacy and security.
| Practical Guidance Documents | Notes | Practical Guidance Content Type |
| Employee Privacy State Practice Notes Chart | Lists the relevant sections of the XpertHR Employment Law Manual that discuss state employee privacy laws and that are included in Practical Guidance's Labor & Employment offering. | Chart |
| Workplace Body Temperature Devices Raise Privacy Concerns | Discusses privacy concerns raised by taking employees' temperature as they return to work during the pandemic. | Article |
| HIPAA Privacy and Security Policy | Use this HIPAA Privacy and Security Policy for a group health plan to satisfy the regulatory requirement that it set forth the written policies and procedures that the group health plan will follow to ensure its compliance with the privacy, security, and breach notification requirements of HIPAA. | Template |
| HIPAA Privacy, Security, Breach Notification, and Other Administrative Simplification Rules | Discusses rules under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) impacting employers and the group health plans they sponsor including HIPAA compliance questions related to the coronavirus outbreak. | Practice Note |
| HHS Addresses HIPAA Privacy and Security Rule Issues in Combatting Coronavirus | Discusses guidance by the Department of Health and Human Services addressing how entities subject to HIPAA and their business associates must continue to comply with HIPAA's privacy and security rules when sharing protected health information (PHI) as part of a response to the COVID-19 pandemic. | Article |
| Confidential Medical Information in the Employee Leaves and Disability Context (Including Dobbs Considerations) | Provides guidance on meeting medical recordkeeping and confidentiality requirements under the FMLA, the ADA, GINA, and HIPAA. | Practice Note |
Emergency Planning
The coronavirus (COVID-19) pandemic brought the need for contingency planning to the forefront. With the potential for a second wave and future work interruptions, this section offers guidance for such preparation.
| Practical Guidance Documents | Notes | Practical Guidance Content Type |
| Business Continuity and Emergency Planning | This practice note provides guidance to employers on business continuity plans and preparing for and responding to emergencies, such as natural disasters and pandemic diseases like the coronavirus (COVID-19). | Practice Note |
| Business Continuity and Emergency Planning Checklist | This extremely comprehensive checklist guides employers on drafting business continuity plans (BCP) and OSHA-required Emergency Action Plans (EAP) to prepare for and handle emergencies, including, among others, fires, natural disasters, workplace accidents and violence, terrorist attacks, bomb threats, and pandemics, like the coronavirus (COVID-19). | Checklist |
| Emergency Action Plan (EAP) | Typically, hazards that Emergency Actions Plans (EAP) cover are associated with emergencies that arise in the physical realm (weather, security incidents, fires, and pandemics (including COVID-19)). OSHA requires employers with 11 or more employees to keep their EAPs in writing, at the workplace, and available for employees to review. Employers with 10 or less employees must, at a minimum, communicate the EAP to employees verbally. | Template |
| Business Continuity Plan | Establishes contingency planning with respect to companies that provide their clients with mission-critical computer services. | Template |
| Travel Notice to Present to Law Enforcement during Public Travel/Movement Restrictions | Essential employees can present this travel notice to law enforcement authorities while traveling or otherwise out in public during public health emergencies, such as the COVID-19 pandemic or other circumstances that severely restrict or prohibit public movement. | Template |
| Essential Personnel Designation Notice | Use this essential personnel designation notice to advise employees of their status as essential employees. Employers may need to designate essential employees who must work during public health emergencies, such as the COVID-19 pandemic, natural disasters, civil unrest, curfews, stay-at-home orders, or other emergency or crisis situations. | Template |
Wage and Hour Issues
This section offers guidance related to wage and hour issues and COVID-19.
| Practical Guidance Documents | Notes | Practical Guidance Content Type |
| DOL Loosens FLSA Double Damages Policy Due To COVID-19 | Discusses the DOL's Wage and Hour Division announcement that, in order to help the economy rebound from the pandemic, it will not pursue prelitigation liquidated damages, which double unpaid overtime and minimum wages for FLSA violations. | Article |
| Timekeeping Policies and Practices under the FLSA | This practice note discusses some of the key timekeeping issues for employers, including those raised by COVID-19, and recommends policies and practices that allow employers to successfully navigate them under federal law. | Practice Note |
| Travel Policy (Including COVID-19 Travel) | This form is a Travel Policy (including COVID-19 Travel) that governs employee travel for personal and work-related reasons (including travel to and from work and business trips). This policy also addresses the consequences of employee travel to areas at high risk for COVID-19 transmission. | Template |
| Pandemic Flu/Influenza/Coronavirus (COVID-19): Key Employment Law Issues, Prevention, and Response | This practice note will assist employers in preventing and responding to a pandemic flu, including the coronavirus (COVID-19). Among other things, it provides a section on wage and hour and COVID-19 issues. | Practice Note |
| DOL Wage and Hour Investigations: Preparation and Response | Provides guidance on avoiding, preparing for, and responding to wage and hour investigations by the U.S. Department of Labor (DOL). | Practice Note |
Telecommuting and Flexible Scheduling
COVID-19 shelter-in-place and stay-at-home orders have led many companies to adapt their working environments and allow employees to work from home or allow greater scheduling flexibility. This section provides policies and guidance related to adjusted working arrangements.
| Practical Guidance Documents | Notes | Practical Guidance Content Type |
| Telecommuting Employees: Best Practices Checklist | Provides practical guidance on navigating the various legal and practical issues facing employers with respect to telecommuting (also known as teleworking or remote work), from responding to one-off employee requests to telework to deploying a formal telecommuting policy to devising a way to effectively train and monitor remote employees. | Checklist |
| Telecommuting Agreements: Key Drafting Considerations | This practice note addresses the purposes for entering into telecommuting agreements (also known as teleworking and remote working agreements), the essential components of effective telecommuting agreements, and practical drafting suggestions and tips, both for during the COVID-19 pandemic and more generally. | Practice Note |
| Telecommuting Agreement | This form is a telecommuting agreement (also known as a teleworking, telework, work from home, or remote work agreement), which employers can use to establish expectations and requirements for remote workers and people working at home during the novel coronavirus (COVID-19) pandemic and more generally. | Template |
| Telecommuting Video | This video highlights employer issues and best practices regarding telecommuting. | Practice Video |
| Remote Workplace Investigations Video | This video provides guidance on key steps/issues in an effective remote workplace investigation. This video will be helpful to employers with telecommuting employees engaging in remote work or working from home. | Practice Video |
| Telecommuting Policies: Key Drafting Tips | Provides guidance on drafting telecommuting policies to help attract and retain employees, create a professional atmosphere supportive of employees reaching their full potential, and meet the needs of a 24-hour global marketplace. | Practice Note |
| Telecommuting Policy | This Telecommuting Policy may be used as a way of protecting employees and customers from exposure during the novel coronavirus (COVID-19) pandemic. In addition, this policy helps attract and retain employees, create a professional atmosphere supportive of employees reaching their full potential, and meet the needs of a 24–hour global marketplace. | Template |
| Telecommuting Request Form | This Telecommuting Request Form allows employees to request working remotely pursuant to a telecommuting policy and helps employers document their employees' telecommuting requests. | Template |
| Video Teleconferencing Policy (with Acknowledgment) | This form is a video teleconferencing policy that sets forth guidelines and clear expectations for employees who lead and/or attend video teleconferences. This policy will be especially helpful for telecommuting employees, remote workers, and individuals working from home. | Template |
| Work From Home Cybersecurity Basics Checklist: Business Planning and Preparedness | This checklist identifies key data security and privacy business planning issues to consider for employers with telecommuting employees engaging in remote work. | Checklist |
| Pandemic Flu/Influenza/Coronavirus (COVID-19): Key Employment Law Issues, Prevention, and Response | This practice note will assist employers in preventing and responding to a pandemic flu, including the coronavirus (COVID-19). Among other things, it provides a section on telecommuting and COVID-19 issues. | Practice Note |
| 6 Ways Cos. Can Mitigate Telework Risks During COVID-19 | While remote work (also known as teleworking or telecommuting) arrangements are useful for limiting the spread of COVID-19, they can pose risks and challenges related to discrimination, timekeeping, expense reimbursements, cybersecurity, and trade secrets, say attorneys at Debevoise. | Article |
| Remote Working Implicates State Payroll Tax, Corporate Income/Franchise Tax Nexus Concerns | This article addresses how employee remote working arrangements during the coronavirus (COVID-19) pandemic may inadvertently trigger state payroll tax registration and filing requirements for their businesses, and possibly trigger corporate income/franchise tax "nexus" with another state, subjecting the business to that state's tax regime. | Article |
| Form I-9 Instructions for Remote Employees and Employers' Designated Agents | This practice note addresses Form I-9 instructions for remote employees and employers' options for verifying remote employees, including designated agents. This note also contains guidance on verifying remote employees during the COVID-19 pandemic. | Practice Note |
| Cybersecurity Measures to Protect Employers' Confidential Information and Trade Secrets | Provides guidance on cybersecurity measures available to employers to protect their confidential information and trade secrets and includes a section on protecting trade secrets while employees telework (i.e., telecommute, work remotely) during COVID-19. | Practice Note |
| Flexible Work Schedule Policy (with Acknowledgment) | Defines which employees are eligible, explains how employees may apply, describes the types of flexible schedules available, and sets forth the employer's expectations for employees with alternate schedules. It may apply to employees who work flex-time, part-time, or on a compressed schedule, share a position, or telecommute, including home-based employees and other employees who work remotely. | Template |
| Flexible Work Schedule Policy (with Acknowledgment) (IL) | Defines which employees are eligible, explains how employees may apply, describes the types of flexible schedules available, and sets forth the employer's expectations for employees with alternate schedules. It may apply to employees who work flex-time, part-time, or on a compressed schedule, share a position, or telecommute, including home-based employees and other employees who work remotely. | Template |
Immigration Issues
This section addresses immigration issues related to COVID-19.
| Practical Guidance Documents | Notes | Practical Guidance Content Type |
| Form I-9 Instructions for Remote Employees and Employers' Designated Agents | This practice note addresses Form I-9 instructions for remote employees and employers' options for verifying remote employees, including designated agents. This note also contains guidance on verifying remote employees during the COVID-19 pandemic. | Practice Note |
| Form I-9 Best Practices: Training Presentation | This presentation provides training on the best practices in completing the Form I-9 and E-Verify processes, including the do's and don'ts of completing the Form I-9 and storage of the Form I-9. It also addresses how the coronavirus (COVID-19) pandemic has affected the Form I-9 and E-Verify processes. | Practice Note |
| Immigration Issues Related to Layoffs, Furloughs, and Corporate Downsizing during the Coronavirus (COVID-19) and Beyond | This article describes the immigration implications of downsizing and furloughing foreign national employees during the coronavirus (COVID-19) and after it subsides. | Article |
| COVID‐19 Resources for Immigration Law | Provides a collection of contact information and resources related to immigration law issues. | Article |
Employee Benefits Issues
This section addresses employee benefits issues related to COVID-19. Note we have separate sections below concerning unemployment benefits and retirement plans. See Unemployment Issues and Retirement Plan Impacts.
| Practical Guidance Documents | Notes | Practical Guidance Content Type |
| Employee Furlough Considerations in the Time of COVID-19 | This article discusses key employer considerations when furloughing employees due to the coronavirus pandemic. | Article |
| Return-to-Work: Benefits Guidance in the Time of COVID-19 | This article discusses how many U.S. businesses are starting to prepare for phased returns to the workplace and the impact that various return-to-work approaches may have on their employee benefits and compensation programs. | Article |
| Employee Benefit Plan COVID-19 Relief Chart and Tracker | Charts showing specific deadline and other relief granted by the Department of Labor, IRS, and Department of Health and Human Services regarding administrative aspects of retirement plans, health and welfare plans, and other employee benefits. | Practice Note |
| Leave of Absence Effects on Employee Benefit Plans | Discusses employee benefit plan issues for employees on a leave of absence, updated to address issues arising due to coronavirus-related furloughs and reductions in hours. | Practice Note |
| ACA Cost Sharing Rules | Explains the rules for cost sharing under the Affordable Care Act. Describes mandatory coverage of COVID-19 testing without cost sharing under Families First Coronavirus Response Act, as amended by the CARES Act. | Practice Note |
| Over-the-Counter Drug Reimbursement Rules after the CARES Act | Describes changes to eligible medical expenses that may be covered by health FSA, HSA, and Archer MSA benefit programs under the CARES Act. | Practice Note |
| Cafeteria Plan Design and Compliance (IRC § 125) | Describes the requirements for cafeteria plans to be eligible for special tax benefits and includes a discussion on when employees may make mid-year changes to their coverage elections. | Practice Note |
Executive Compensation Adjustments
The following Practical Guidance resources will guide you through issues related to adjustments to executive pay and answers questions concerning the effect of the COVID-19 related economic downturn on executive incentive plans.
| Practical Guidance Documents | Notes | Practical Guidance Content Type |
| Addressing the Coronavirus Impact on Executive Compensation | Provides overview of executive compensation limits for companies seeking relief under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and discusses alternatives for addressing incentive and equity-based compensation and other executive compensation issues facing companies due to the coronavirus pandemic. | Article |
| COVID-19 Executive Compensation Q&As: Focus on Incentive Plans and Nonqualified Deferred Compensation | Answers questions concerning incentive plans and nonqualified deferred compensation arrangements raised by a COVID-19 economic downturn. | Article |
| Adapting Executive Pay Decisions To COVID-19 Impact | Considers the effect of the COVID-19 economic downturn on a range of executive incentive and equity-based compensation topics. | Article |
| Amendment and Limited Waiver for Executive Employment Agreement (COVID-19 Salary Reduction) | This form amendment and waiver can be used to modify an executive employment agreement so that a temporary reduction in the executive's pay due to the coronavirus pandemic will not trigger rights the executive may otherwise have under the employment agreement. | Template |
| Section 409A Deferral Election Chart | This chart specifies the deadlines and other requirements for deferral elections under nonqualified deferred compensation arrangements subject to I.R.C. § 409A including decisions establishing (1) the time when deferred compensation subject to 409A will be paid and/or (2) the form of such payments. | Checklist |
| Section 409A Resource Kit | Collects EBEC guidance on I.R.C. § 409A, including guidance on the rules when executives wish to change a prior election regarding nonqualified deferred compensation. | Resource Kit |
Retirement Plan Impacts
These Practical Guidance resources offer insights into the impact of the Coronavirus Aid, Relief, and Economic Security (CARES) Act on retirement plans and provide guidance for altering 401(k) plans.
| Practical Guidance Documents | Notes | Practical Guidance Content Type |
| Retirement Plan Provisions of the CARES Act | Describes retirement plan-based relief concerning coronavirus-related distributions, special plan loan rules, waiver of 2020 required minimum distributions, and delayed due date for defined benefit plan contributions. | Article |
| Suspending or Reducing Safe Harbor 401(k) Plan Employer Contributions in Wake of a Coronavirus Economic Downturn | Discusses the actions plan sponsors of safe harbor 401(k) plans can take to alter their plan contribution commitments. | Article |
| ERISA Litigation: Lessons for the Coronavirus Economy from the Great Recession | Advice for ERISA plan sponsors on minimizing litigation risk during a COVID-19 economic downturn. | Article |
| Qualified Retirement Plan Fundamentals | Discusses basic rules for qualified plans, including special distributions permitted under the CARES Act for participants adversely affected by COVID-19. | Practice Note |
| Plan Loan Rules for Qualified Retirement Plans | Explains rules applicable for participant loans from retirement plans, including special rules under the CARES Act for participants adversely affected by COVID-19. | Practice Note |
Workers' Compensation
This section offers guidance related to workers' compensation issues and COVID-19.
| Practical Guidance Documents | Notes | Practical Guidance Content Type |
| Workers' Compensation: Key COVID-19 Issues | This practice note provides guidance on how COVID-19 affects workers' compensation claims now and in the future. Among other things, the practice note provides guidance on whether employees will be able to claim that the workers' compensation bar does not preclude their claims in court and discusses how employers can prevent workers' compensation claims during the coronavirus pandemic and after it subsides. | Practice Note |
| Cos. Must Prepare For COVID-19 Workers' Comp Claims | Discusses the potential liability and costs associated with increasingly complex workers' compensation claims in light of COVID-19. | Article |
| Workers' Compensation for Private Employers | Addresses key steps to adopt when advising private employers on common workers' compensation legal issues. | Practice Note |
Furloughs, Layoffs, Terminations, and Severance
When COVID-19 economic considerations lead to staff impacts, the following Practical Guidance resources will help guide employers through furloughs, layoffs, terminations, and severance issues affecting employment relationships.
| Practical Guidance Documents | Notes | Practical Guidance Content Type |
| Employee Furlough Considerations in the Time of COVID-19 | Discusses key employer considerations when furloughing employees due to the coronavirus pandemic. | Article |
| Reduction in Force (RIF) Alternatives (Including Furloughs) | Addresses alternatives to reductions in force, including furloughs, voluntary separation programs (VSPs), and early retirement incentive plans (ERIPs). | Practice Note |
| Reductions in Force and WARN Compliance | Details the steps a company should take when implementing a reduction in force (RIF). It also discusses whether an employer that is implementing a RIF must comply with the requirements of the federal Worker Adjustment and Retraining Notification Act (the WARN Act or WARN), 29 U.S.C. § 2101 et seq., and if so, how it can do so. | Practice Note |
| Furloughs: Weighing The Unemployment Costs And Benefits | Explains how employers considering furloughs so workers can access expanded unemployment benefits under the Coronavirus Aid, Relief, and Economic Security (CARES) Act should look for two factors that would minimize drawbacks for all parties. | Article |
| Departing Employees Resource Kit | Provides links to a wide variety of practical guidance pieces on departing employees, including terminated, laid off, and furloughed employees and employees who voluntarily resigned. | Resource Kit |
| Coronavirus (COVID-19) Federal and State Employment Law Tracker | This tracker covers federal, state, and major local employment laws addressing the COVID-19 pandemic. It covers (1) expanded paid sick leave; (2) expanded family and medical leave; (3) expanded unemployment rights and benefits; and (4) other key developments (including, among other things, health and safety issues and modified mini-Worker Adjustment and Retraining Notification (WARN) acts). | Practice Note |
| Immigration Issues Related to Layoffs, Furloughs, and Corporate Downsizing during the Coronavirus (COVID-19) and Beyond | This article describes the immigration implications of downsizing and furloughing foreign national employees during the coronavirus (COVID-19) and after it subsides. | Article |
| Leave of Absence Effects on Employee Benefit Plans | Discusses employee benefit plan issues for employees on a leave of absence, updated to address issues arising due to coronavirus-related furloughs and reductions in hours. | Practice Note |
| COBRA Compliance and Enforcement | Discusses the COBRA administration and enforcement obligations relating to group health plans and the notices plan administrators must provide to participants and beneficiaries where there is a loss of health coverage. | Practice Note |
| Mini-COBRA, Health & Welfare Benefits, and Unemployment Insurance State Practice Notes Chart | This chart lists the state laws affecting employer-provided health care benefits, health care continuation coverage (i.e., state-law versions of COBRA, known as mini-COBRA laws), insurance and disability benefits, and other legally required benefits. | Checklist |
| COBRA Event Notice | Furnish this notice to participants of group health plans and other COBRA qualified beneficiaries for them to notify the plan's COBRA administrator of certain events that may allow them to continue receiving employer health benefits using COBRA continuation coverage. | Template |
| COBRA Election Notice and Form | Furnish this notice and form to COBRA qualified beneficiaries to elect continuation of coverage under a group health plan after a qualifying event that results in a loss of coverage. | Template |
| COBRA Unavailability Notice | Furnish this notice to inform individuals that COBRA continuation coverage under an employer-provided group health plan is not available to them for a specified reason. | Template |
| COBRA Early Termination Notice | Furnish this notice to alert individuals that their COBRA continuation coverage under an employer-provided group health plan is ending before the end of the maximum COBRA coverage period. | Template |
| Section 409A and Severance Arrangements | Discusses how the nonqualified deferred compensation rules of I.R.C. § 409A and regulations apply to severance arrangements, particularly where the severance arrangement has a payment trigger that includes a separation from service subject to Section 409A. | Practice Note |
Unemployment Issues
This section offers guidance related to unemployment issues and COVID-19.
| Practical Guidance Documents | Notes | Practical Guidance Content Type |
| An Employer's Guide To Unemployment During Pandemic | Discusses various issues related to unemployment during the COVID-19 pandemic. | Article |
| Coronavirus (COVID-19) Federal and State Employment Law Tracker | This tracker covers federal, state, and major local employment laws addressing the COVID-19 pandemic. It covers (1) expanded paid sick leave; (2) expanded family and medical leave; (3) expanded unemployment rights and benefits; and (4) other key developments (including, among other things, health and safety issues and modified mini-Worker Adjustment and Retraining Notification (WARN) acts). | Practice Note |
| Furloughs: Weighing The Unemployment Costs And Benefits | Explains how employers considering furloughs so workers can access expanded unemployment benefits under the Coronavirus Aid, Relief, and Economic Security (CARES) Act should look for two factors that would minimize drawbacks for all parties. | Article |
| Furlough Notice | Notify individual employees that their employment has been furloughed. A furlough generally refers to a temporary, involuntary, and unpaid leave from work. | Template |
Labor Arbitration
This section offers guidance related to labor and employment arbitration issues and COVID-19.
| Practical Guidance Documents | Notes | Practical Guidance Content Type |
| Labor Arbitration: Key COVID-19 Issues | This article addresses key labor arbitration issues to consider during COVID-19, including whether a labor arbitrator can order a video hearing. | Article |
Current as of: 11/06/2023