Coronavirus Archives - BusinessWest

Will Employers or Workers Have the Proverbial Upper Hand?

By Contributor March 3, 2021

Work After the Pandemic

By John Graham

It’s been a year now since we came under the relentless domination of the coronavirus. After all this time, the picture isn’t pleasant. The end is uncertain, and the implications for the future are far from clear.

McKinsey reports that “75% of employees in the United States and close to a third in the Asia-Pacific region report symptoms of burnout. European nations are reporting increasing levels of pandemic fatigue in their populations. The number of those who rate their mental health as ‘very poor’ is more than three times higher than before the crisis, and mental-health issues are still likely to rise.” In spite of their severity, such figures should get our attention, but do they?

Perhaps the most dangerous part of the coronavirus is its divisiveness. More often than not, outside attacks — wars, famines, and natural disasters — bring us together to slay the dragon. But the pandemic has driven us further apart. Who would have thought life could take such a painful turn?

Overnight, workers were told to leave their jobs and work from home. Not only did they do it, they liked it. Now, many are ready to refuse to go back to claustrophobic cubicles or vacuous open spaces where they lacked privacy. To express their pleasure at working from home, they remodeled their bedrooms, kitchens, and basements; upgraded their internet connection; purchased all sorts of digital devices and office equipment; and didn’t miss a beat.

They’re choosy, too. “You want me in the office? I don’t think so.” Some moved to Boise or some other place in the middle of nowhere that welcomed them with open arms and lower living costs. They donned their sweats, popped open a laptop, jumped on virtual meetings, adjusted the lighting, turned on a monitor or two, and went to work in their new, $999 office chair, or decided to stay in bed and make it their office that day. To the utter surprise to everyone, productivity went up.

That’s just the first chapter. The McKinsey report also notes that “there is a veritable flood of new small businesses. In the third quarter of 2020 alone, there were more than 1.5 million new-business applications in the United States — almost double the figure for the same period in 2019.” That’s not all. The fourth quarter found Apple ripe for success with the highest revenue in its history — and the company wasn’t alone.

Four Lessons

All this adds up to an amazing, but totally counter-intuitive, story. But what does it mean to all of us who must live it? Literally, what in the world is going on? Even more to the point, what’s the message about the future — our future? Here are four thoughts about that.

“Overnight, workers were told to leave their jobs and work from home. Not only did they do it, they liked it. Now, many are ready to refuse to go back to claustrophobic cubicles or vacuous open spaces where they lacked privacy.”

The genie is out of the bottle. It’s finally happened. To put it another way, like no other phenomenon in modern history (perhaps in all of history), the pandemic released a level of momentum sufficient to turn the world and everything in it upside down in an instant. It may also be the catalyst that changes everything, from politics, government, and public policy to health and medicine, education, work-life balance, business, entertainment, culture, industry, and science. When Jeff Bezos, the CEO of Amazon, steps back, we can be sure profound change is in the air.

Far more people have seats at the table. We talked for so long, but nothing changed. Then, suddenly, we became keenly aware of those who had long been invisible to us. We raised our hands and called them ‘heroes’ but never raised their wages. Now, all of a sudden, we’ve finally figured out that when everyone has a seat, we have better healthcare, better jobs, stronger families, and happier communities. Could it possibly be that it took a painful pandemic to make more room at the table?

Everything is under a microscope. Again, counter-intuitive but nevertheless true: the number of applications for fall 2021 at the University of California are breaking all records. It’s happening at the same moment when millions of young Americans are questioning the value of a college education, particularly if it will take decades to free themselves from the sobering shackles of student debt. Those who went before them, the Millennials, are dogged in determining their own way in the world. Don’t be surprised. The lens of the microscope may never rest.

Don’t drink the Kool-Aid. There are dangers in the tension-filled, stressful times in which we find ourselves. Someone has aptly described it as “hitting the pandemic wall,” and it’s felt at home and at work. It’s when we reach out for relief so we can get our lives on a better path. Simple, quick, and easy answers are what sell in turbulent times: “buy this or do that, and your problems vanish, and your dreams come true.” We’re too resilient to do that to ourselves.

Bottom Line

Now, go back to where we started, the original question: “Who will have the upper hand after the pandemic: employers or employees?

All this leads to the final question. Through the pandemic frenzy, who will come out ahead, the workers or employers? The way it looks at the moment, it just may be the workers. But, as we all know, things can change. u

John Graham of GrahamComm is a marketing and sales strategy consultant and business writer. He is the creator of Magnet Marketing and publishes a free monthly e-bulletin, “No Nonsense Marketing & Sales Ideas”; [email protected]

Banking and Financial Services

Take Important Steps to Limit Your Overall Liability

By Contributor January 20, 2021

Tax Planning in a Gig Economy

By Ian Coddington

In recent years, we have seen a rise in so-called side hustles and gig work, where individuals take on part-time jobs or project-based work for additional income.

This ‘gig economy’ has been accelerated by the effects of the coronavirus outbreak; Americans are being laid off or have to remain at home or socially distance. Without a primary income source, people have turned to other solutions to pay their bills.

Ventures like DoorDash, Uber, Amazon, and Fiver all offer individuals the ability to earn income by doing work for companies and individuals. However, this does not make up the entire market of gig work.

Ian Coddington

“This form is different from your W-2 in that 1099 income is considered self-employment earnings, which is taxed differently than W-2 wages.”

People who sell artwork or wrap Christmas presents, handymen, and movers are all examples of individuals who could earn income on the side. We have seen how some side hustles can turn into profitable ventures, while others just use it to have extra spending money. If you took on additional sources of income during the pandemic, there might be some tax considerations you might not be aware of.

Self-employed Vs. W-2

Unlike a normal employed job where you receive a Form W-2, most gig work will consider workers independent contractors, and issue you a Form 1099. The most common form received for this work was a 1099-MISC, which is now replaced with the new Form 1099-NEC.

If you were paid at least $600 from a business that was not your employer, you can expect one of these forms come tax time. This form is different from your W-2 in that 1099 income is considered self-employment earnings, which is taxed differently than W-2 wages. When you work for an employer, they will withhold a percentage of your wages for taxes. However, when you are self-employed, you are subject to self-employment taxes and might be subject to estimate payments.

Depending on your level of income and other withholdings, one benefit of this is a self-employment tax deduction, where you can deduct what an employer would have paid on your tax return. For delivery drivers, it is important to track your mileage, as you can deduct the allowable mileage expense against your self-employed earnings. If you used a home office for business, you could potentially deduct a portion of your mortgage, utilities, and even repairs to that space. Prior to taking this deduction, you should review the rules closely.

Meet with an Advisor

These benefits sound good, but what if you have unique situations for your side hustle? What if you are paid through cash apps like Venmo or Zelle? Can you deduct the transaction fees paid to payment processors like PayPal or Stripe? What if you receive a Form 1099-K? Questions like these can be answered by an advisor, like a licensed tax preparer. Here is a quick list of things to bring to a meeting with a tax preparer:

• Any W-2s or 1099s received;

• Personal or business bank statements;

• Information on your home office, including square footage;

• Log of mileage; and

• Purchases for the business.

Working a side hustle can be an exciting and hopefully profitable venture; however, it can add complexity to your tax return. Take charge of the additional complexity, gather the required documentation, and minimize your tax liability.

Ian Coddington is an associate at the Holyoke-based accounting firm Meyers Brothers Kalicka, P.C.; (413) 536-8510.

Businesses Deal with Growing Impact of Coronavirus

By Joseph Bednar March 17, 2020

Life in Limbo

It was becoming clear weeks ago that the novel coronavirus would have some sort of economic impact once it washed ashore in the U.S. — but it’s still not clear, and perhaps won’t be for some time, how severe and wide-ranging the damage could be, as people cancel travel plans, curtail business operations, shut down college campuses, and take any number of other actions to stay safe. It’s a fast-moving story, and one that’s only beginning.

The first confirmed cases of the novel coronavirus had barely shown up in the U.S. when some of Bob Nakosteen’s students in an online graduate economics course started dropping the course because they were dealing with a more immediate issue: supply-chain interruptions in their own companies.

“These companies have supply chains that stretch into China, and, well … the word ‘disruptive’ doesn’t even capture it,” Nakosteen said. “Those chains have been completely severed. These people are absolutely in crisis mode.

“A situation like this interacts with the ethic of lean production,” he went on. “People keep limited inventories — and that’s great as long as there’s a supply chain that’s frictionless and reliable. As soon as you get a disruption in the supply chain, which could happen because of a strike, because of a virus, for any number of reasons, there’s no inventory buffer. It doesn’t cause delayed difficulty to the firm; it causes an immediate one. And that’s what you’ve got now.”

Editor’s Note:

The coronavirus pandemic is impacting this region and its business community in ways that are far-reaching and unprecedented. Visit COVID-19 News & Updates and opt into BusinessWest Daily News to stay informed with daily updates.

More than a week has passed since we spoke with Nakosteen — a professor and chair of the Department of Operations and Information Management at Isenberg School of Management at UMass Amherst — for this story, meaning another week for the supply-chain situation for manufacturers and other companies to deteriorate.

In fact, when it comes to the economic impact of the virus that causes the respiratory illness known as COVID-19, now officially a pandemic, virtually everything has only gotten worse.

“We have to assume everything will be affected. Airlines are experiencing reduced demand, cancelling hundreds and thousands of flights,” he said, noting that reduced tourism will hit numerous sectors, from hotels and restaurants to ground transportation and convention halls, that rely on travelers.

“How many firms are curtailing business travel? The NCAA now plans to play playing games with empty stands,” he went on, a decision that became official soon after — not to mention the NBA suspending its season outright. “What happens to the people who provide parking and concessions? Now multiply that over hundreds or thousands of events that are scheduled to take place over the next couple of months. It’s going to have an economic effect.”

UMass Amherst is one of several area colleges and universities that are sending students home and will conduct remote classes only for the time being.

Nakosteen’s own campus is certainly feeling that impact. The day before BusinessWest went to press, the five campuses in the UMass system suspended in-person instruction and will transition to online course delivery, at least through early April and perhaps beyond. That followed a similar move by Amherst College, whose president, Carolyn Martin, told students the college was taking to heart the announcement by Dr. Anthony Fauci, director of the National Institute of Allergy and Infectious Diseases, that the U.S. is past the point of totally containing COVID-19. Other area colleges have since followed suit, or are considering their options.

“While there continue to be no reported cases of the virus on our campus, we need to focus on mitigating its possible effects,” she said, using language that will no doubt be similar to the statements other colleges, in Massachusetts and across the U.S., are currently preparing. “We know that many people will travel widely during spring break, no matter how hard we try to discourage it. The risk of having hundreds of people return from their travels to the campus is too great. The best time to act in ways that slow the spread of the virus is now.”

While all travel is slowing — for example, the governors of Massachusetts and Connecticut have both curtailed out-of-state business travel by government employees, and President Trump issued a European travel ban — Don Anderson, owner of the Cruise Store in East Longmeadow, has seen vacation travel take a major hit.

“We’re a society where, when you’re growing up, you eat your meal, and then you get your dessert. Now we have a situation where people are not having their dessert — their vacation,” he told BusinessWest. “Imagine kids not going to the islands or not going to a park, to the annual parade, not going anywhere. We are a society that works our butts off, we put in overtime, so we can have our time off. To have a year with no time off, that’s not who we are. As Americans, we want our vacation, we want our escape, so we can recharge and come back and work our butts off again.”

But they’re increasingly calling off those vacations, even though Fauci told reporters last week that cruise ships, with all the precautions they’re taking (more on that later), are safe for healthy young people.

“These companies have supply chains that stretch into China, and, well … the word ‘disruptive’ doesn’t even capture it. Those chains have been completely severed. These people are absolutely in crisis mode.”

“The bottom line is, we are unintentionally punishing ourselves by not having an escape. A good portion of our customers are going on trips, but many are not,” Anderson said, adding that he expects the industry to recover after the crisis is over. “That’s what we’re all hoping. Otherwise, it’s a dire situation for the industry and even more so for the economies that travel impacts directly and indirectly, including the United States.”

For now, though, businesses of all kinds are in a sort of limbo, bearing the initial brunt of an economic storm spreading as quickly as coronavirus itself — no one really sure how severe it will get, and when it will turn around.

Sobering Education

Many companies, from small outfits with a few employees to regional giants, are grappling with similar questions about what to do if the virus threatens their workforce. On that upper end, size-wise, is MassMutual in Springfield, which has certainly talked strategy in recent days.

“MassMutual is taking appropriate action to protect the health of our employees, their families, and our community and assure the continuity of our business operations,” Laura Crisco, head of Media Relations and Strategic Communications, told BusinessWest. “This includes limiting non-essential domestic and international business travel and ensuring employees are prepared to work remotely, including proactively testing work-from-home capabilities.”

In the meantime, MassMutual is limiting non-essential guests at its offices, enhancing cleaning protocols at its facilities, and limiting large-scale meetings, she added. “We are continuously monitoring this evolving situation, reassessing our approach, and staying in close communication with our employees.”

Most importantly, Crisco said, anyone who is sick is encouraged to stay home, and the company is also communicating basic guidance on how to prevent the spread of germs, such as thorough hand washing, using hand sanitizer, covering coughs and sneezes, avoiding close contact with people who are sick, avoiding touching faces with unwashed hands, and frequently cleaning and disinfecting touched objects and surfaces.

Kevin Day, president of Florence Bank, told BusinessWest the institution has disaster plans in place for a host of circumstances, from epidemics to natural disasters, and has developed strategies for meeting basic customer needs in case staffing is reduced.

Bob Nakosteen

“As soon as you get a disruption in the supply chain, which could happen because of a strike, because of a virus, for any number of reasons, there’s no inventory buffer. It doesn’t cause delayed difficulty to the firm; it causes an immediate one.”

“We just checked with all our managers and asked, ‘are we comfortable that everyone is cross-trained enough, so that, if your area was out, we could function?’ Pretty much everyone said, ‘yes, we have the plans right here, we know exactly what we’d do.’

He understands, however, that no one can anticipate the extent of the crisis quite yet.

“It’s not like we haven’t seen challenges in the past. Whatever challenge is presented, we’ve just got to get the right people in the building together and think about how to continue to do what we do, which is open the door and serve the customers. We have those things in place,” Day said. “As it ramps up, and all of a sudden your employees start coming down with it, the escalation would get much greater, and you might have to take more draconian steps.”

‘Draconian’ might be a word some people used when they first heard about the college shutdowns, but there’s a logic behind that move.

“While at this time there are no confirmed cases of COVID-19 on our campus or in the surrounding community, we are taking these steps as a precautionary measure to protect the health and well-being of our students, faculty, and staff,” Kumble Subbaswamy, chancellor of UMass Amherst, said in a statement to students. “By reducing population density on campus, we will enable the social distancing that will mitigate the spread of the virus. There is presently no evidence that our campus is unsafe, but our transition to remote learning is intended to create a safer environment for all — for the students who return home and the faculty and staff who remain.”

He conceded that the move is a massive disruption for students and families, but said the university is committed to helping those with the greatest needs on an individual basis. Meanwhile, the Provost’s office is working with the deans to identify laboratory, studio, and capstone courses where face-to-face instruction is essential, and students in these courses will be notified whether they can return to campus after spring break.

At the same time, Martin said Amherst College will consider making exceptions for students who say it’s impossible to find another place to stay.

“It saddens us to be taking these measures,” she added. “It will be hard to give up, even temporarily, the close colloquy and individual attention that defines Amherst College, but our faculty and staff will make this change rewarding in its own way, and we will have acted in one another’s best interests.”

Elementary-, middle- and high schools may close as well, after Gov. Charlie Baker, as part of his emergency declaration last week, freed school districts from mandatory-days rules, so that they have the flexibility to make decisions on temporary closures due to coronavirus.

Specifically, the longest any school district will be required to go is its already-scheduled 185th day. No schools will be required to be in session after June 30. Schools may also disregard all attendance data for the remainder of the school year.

Reaction or Overreaction?

While some economic impacts may be inevitable, Anderson questioned whether some businesses are being hurt more than others based on, in his case, media spin that has focused on a couple of recent outbreaks on cruise ships.

“Honestly, I’m more concerned walking into the supermarket — that tomato I’m grabbing or fresh produce I’m purchasing, I don’t know how many people before me have touched it. I don’t know who’s touching the elevator button. I don’t know who entered their pin number on the debit/credit-card reader. Even when we voted, everyone who used the polling booth shared the same pens,” he said, adding quickly that election officials in East Longmeadow, where he is a Town Council member, did occasionally wipe down the voting surfaces and pens, as did other communities.

“What we do know is there’s been well over 20,000 deaths of American citizens from the flu this season alone, but I’m not seeing large, front-page stories about that,” Anderson noted. “Why aren’t there long lines out of the local CVS or Walgreens to get the flu vaccine?”

Dr. Robert Roose

“We are regularly in touch with the state Department of Health as well as monitoring guidance from the Centers for Disease Control. That’s important to ensure all of our activities are aligned with the latest data and resources.”

The key, he said, is a balanced and measured response — and for people to use healthy practices all the time. As one example, he noted the hand-washing stations at the entrance of all restaurants on cruise ships. While at least two cruise lines have temporarily suspended voyages, those still operating strictly follow those protocols.

“You have dedicated crew reminding everyone and watching so you wash your hands before going in,” he said. “It’s not something you see in stateside restaurants. But on cruise ships, you have to wash your hands. These washing stations were a consequence years ago of the norovirus impacting a small number of cruise-ship passengers. As a result, the incidences onboard ships has lowered.”

Meanwhile, U.S. Travel Assoc. President and CEO Roger Dow worried about bold moves like barring European travel. “Temporarily shutting off travel from Europe is going to exacerbate the already-heavy impact of coronavirus on the travel industry and the 15.7 million Americans whose jobs depend on travel,” Dow said in a statement.

While many businesses struggle with the economic impact of the novel coronavirus and the anxiety it’s causing among Americans, others see it as a chance to expand their services.

For example, the Springfield-based law firm Bulkley Richardson launched a COVID-19 response team last week comprised of attorneys in the areas of business, finance, employment, schools, healthcare, and cybersecurity. Understanding that each business will be affected differently, the firm noted that taking proactive measures may help minimize the risk of business interruptions, and the COVID-19 response team has developed — and posted on its website — a catalog of issues to be considered by each business owner or manager.

Meanwhile, Associated Industries of Massachusetts published an expansive guide to employment-law issues that might arise due to the virus, dealing with everything from quarantines and temporary shutdowns to remote work and employee privacy issues. That guide is available at aimnet.org/blog/the-employers-guide-to-covid-19. John Gannon, a partner with Skoler, Abbott & Presser, also answers some relevant questions in this issue.

Righting the ship if COVID-19 sparks an actual recession could be difficult, for a number of reasons, writes Annie Lowrey, who covers economic policy for the Atlantic. She notes several reasons why a coronavirus recession could be difficult to reverse in the short term, including its uncertainty, demand and supply shocks at the same time (that supply-chain issue again), political polarization in the U.S., the global nature of COVID-19, and the fact that monetary policy is near exhaustion, as the Federal Reserve has already cut rates to near-historic lows, leaving little room to maneuver in the coming months

“They really don’t have much space to cut,” Nakosteen added. “Normally when the economy runs into trouble, the Federal Reserve runs in to the rescue. The problem now is we don’t have much room to rescue.”

He also cited the psychological factor that can quickly turn economic anxiety into something worse. “People say, ‘oh my God,’ they start drawing in their tentacles, and that’s when you have a recession.”

Lives in the Balance

None of this is to suggest that the economic impacts of COVID-19 outweigh the human ones. This is, foremost, a health crisis, one the healthcare community, particularly hospitals, are bracing for.

“We have an emergency preparedness committee, but those policies are sort of general,” said Dr. Joanne Levin, medical director of Infection Prevention at Cooley Dickinson Hospital. “We’ve had a lot of incidents in the past decade — we’ve prepared for Ebola, measles, H1N1, a lot of things. But each epidemic is different in how it’s transmitted and what to watch for. With each epidemic, we have to go through the emergency preparation plan and figure things out.”

Dr. Robert Roose, chief medical officer at Mercy Medical Center, echoed that idea. “We have a standard infection-control committee and a plan that we would activate whenever we have a surge of infectious-disease patients,” he told BusinessWest. “This particular situation is rapidly evolving. We are regularly in touch with the state Department of Health as well as monitoring guidance from the Centers for Disease Control. That’s important to ensure all of our activities are aligned with the latest data and resources.”

Meanwhile, the state Department of Public Health (DPH) continues to offer guidance to the public at www.mass.gov/2019coronavirus. It’s also urging older adults and those with health issues to avoid large crowds and events, while individuals who live in households with vulnerable people, like elderly parents, should also consider avoiding crowds. The DPH is also issuing guidance to long-term-care facilities, where sick visitors could endanger dozens of people very quickly.

Still, coronavirus is also an economic story, one with a plot that’s only beginning to take shape. It also may be a long story, with no end in sight.

“We’re in a position where we don’t know exactly what’s going to happen, but we can speculate on what parts of the economy are going to be affected,” Nakosteen said. “We’re all watching it play out without a whole lot of idea how it will play out.”

Joseph Bednar can be reached at [email protected]

Opinion

This Is Uncharted Territory

By Editorial March 17, 2020

Editorial

Those in this region who have been in business a long time — and even those who have had their name over the door since the start of this century — have seen and endured quite a bit.

Indeed, over just the past 20 years or so, there’s a been the bursting of the dotcom bubble and the resulting downturn in the economy, followed by 9/11, soon after which the phrase heard most often in businesses across every sector was ‘the phones just stopped ringing.’ Later, of course, there was the Great Recession, when the phones again stopped ringing, as well as — all within a few months — a tornado, a hurricane, that snowstorm on Halloween, and the resulting power outages. There’s also been a workforce crisis, a skills gap, the arrival of the Millennials (who get blamed for everything), family medical leave, and who knows what else.

Like we said, businesses have been through a lot.

But nothing quite like coronavirus. This is something new. This is, in most all ways, uncharted territory.

Look at what’s happening. Colleges are telling students not to come back from spring break while they figure out how to handle all classes remotely. Communities and organizations are canceling events like the Holyoke St. Patrick’s Day parade and postponing others to future dates, hoping matters will improve. States are declaring emergencies, and people are being advised to avoid large gatherings. The stock market is in ‘bear’ territory.

Communities haven’t taken steps like this World War II, if they even took them then. Or since 1919, when the Spanish Influenza pandemic raced around the globe, killing millions.

The worst thing about all this, as we said, is that people can’t rely on experience, because there is simply none to fall back on. This isn’t like a recession or a tornado or a terrorist attack in New York.

“… businesses have been through a lot. But nothing quite like coronavirus. This is something new. This is, in most all ways, uncharted territory.”

They still ran the St. Patrick’s Day Parade during the Great Recession. The region’s colleges stayed open after 9/11. No one cancelled meetings and conventions following the tornado in 2011.

This is different. Very, very different.

So what do we do when we can’t call on experience?

We rely on common sense, our strengths, and our ability to innovate. In short, this is what has seen us through all of those downturns and natural disasters mentioned above.

And by innovation, we mean our capacity to look at what we do and how we do it, and find new and perhaps better ways. And if we can do that, we’re not simply hunkering down, waiting things out, or trying to survive; we’re making ourselves stronger and more resilient.

Looking back on 2008 and 2009, as companies coped with the worst downturn in 80 years, many found ways to better maximize resources, and especially people, while also creating new avenues for revenue and growth. Those challenging days provided a stern test, and the businesses that passed it certainly reaped the benefits of their perseverance and resourcefulness by becoming more resilient overall.

In short, they learned something, and they benefited from what they learned.

Coronavirus will likely present another stern test, and it will require a similar response — creativity and innovation.

And it will require something else as well — a firm understanding that small businesses (and large ones as well) are being severely impacted by this and need any form of support you can give them. From pizza shops, coffee shops, restaurants, and taverns losing the business of college students who won’t be returning, to banquet facilities losing scores of events scheduled for the coming weeks; from Holyoke shops that won’t get that huge parade bounce to travel-related businesses seeing cruises and flights canceled — businesses are hurting. And they’ll need help to get through this.

That’s what we mean by uncharted territory.

Coronavirus

Area Employers Have Questions; Here Are Some Answers

By Contributor March 12, 2020

Coronavirus in the Workplace

By John Gannon and Andrew Adams

John S. Gannon

Andrew Adams

For those of you not living under a rock or in Antarctica, COVID-19 (the novel coronavirus), has become a topic of everyday discourse. As the number of reported COVID-19 cases rise, so do the concerns for businesses and their employees.

Employers are wondering what, if anything, they can do to help their workplace remain safe. At the same time, employees may fear coming into the office and working alongside sick colleagues or customers. Can these folks stay home? Can employers force them to stay home? Do businesses have to pay employees who stay home? Should they pay them? These are some of the questions we tried to answer during this rapidly evolving situation.

How Does Coronavirus Relate to Workplace Laws?

The Equal Employment Opportunity Commission (EEOC) is tasked with enforcing workplace anti-discrimination laws such as the Americans with Disabilities Act (ADA). Several years ago, the EEOC put out guidance explaining that the ADA is relevant for employers to consider during pandemic preparation because it regulates the types of questions and actions employers can take when dealing with employees suffering from medical impairments.

“Employers should maintain flexible policies that permit employees to stay home to care for a sick family member. Employers should be aware that more employees may need to stay at home to care for sick children or other sick family members than usual.”

Recently, the EEOC referenced this guidance when discussing coronavirus, and also stated that the guidance does not interfere with or prevent employers from following the guidelines and suggestions made the Centers for Disease Control and Prevention (CDC) about steps employers should take regarding coronavirus.

CDC’s Recommended Strategies for Employers

The CDC’s “Coronavirus Disease 2019 (COVID-19): Interim Guidance for Businesses and Employers” lists several suggestions for employers to implement in their practices. We summarize the most relevant recommendations below:

• Actively encourage sick employees to stay home.

• Ensure sick-leave policies are flexible and consistent with public health guidance. Employers should maintain flexible policies that permit employees to stay home to care for a sick family member. Employers should be aware that more employees may need to stay at home to care for sick children or other sick family members than usual.

• Separate sick employees. Employees who appear to have acute respiratory illness symptoms (i.e. cough, shortness of breath) upon arrival to work or become sick during the day should be separated from other employees and be sent home immediately.

• Emphasize staying home when sick, respiratory etiquette, and hand hygiene by all employees. The CDC recommends that employers provide soap and water and alcohol-based hand rubs in the workplace, and instruct employees to clean their hands often with an alcohol-based hand sanitizer that contains at least 60% to 95% alcohol, or wash their hands with soap and water for at least 20 seconds.

• Advise employees to take certain steps before traveling, including checking the CDC’s Traveler’s Health Notices for the latest guidance and recommendations for each country to which employees will travel.

• Employees who are well but have a sick family member at home with COVID-19 should notify their supervisor and refer to CDC guidance for how to conduct a risk assessment of their potential exposure.

• If an employee is confirmed to have COVID-19, employers should inform fellow employees of their possible exposure to COVID-19 in the workplace but maintain confidentiality as required by the ADA.

Some Questions and Answers

Here are some of the most common questions we have been getting from businesses in connection with the coronavirus outbreak:

Can employers ask for more information from employees who call out sick? Yes, employers can ask employees if they are experiencing flu-like symptoms, as long as they treat all information about sickness as confidential.

Can employers request that employees stay home if they are experiencing flu-like symptoms? Yes, but employers should consider whether they will pay employees who are asked to stay home due to possible coronavirus exposure. Also, absenteeism policies should be relaxed if you require an employee to remain at home, or if the employee is required to stay at home due to a mandatory requirement. Employers should be mindful of employment laws that speak to sick-time usage, including the Massachusetts Earned Sick Time Law.

When an employee returns from travel during a pandemic, must an employer wait until the employee develops influenza symptoms to ask questions about exposure to pandemic influenza during the trip? No. If the CDC or state or local public health officials recommend that people who visit specified locations remain at home for several days until it is clear they do not have pandemic influenza symptoms, an employer may ask whether employees are returning from these locations, even if the travel was personal.

May an employer encourage employees to telework (i.e., work from an alternative location such as home) as an infection-control strategy during a pandemic? Yes. The EEOC states that telework is an effective infection-control strategy. In addition, employees with disabilities that put them at high risk for complications of coronavirus may request telework as a reasonable accommodation to reduce their chances of infection.

Do we have to pay employees who stay home sick? As a general rule, non-exempt/hourly employees are only required to be paid for any time they perform work. If a non-exempt employee is required by you or a public health authority to stay home, they do not need to be compensated for that time, unless they have company-provided sick-time benefits. However, businesses need to consider fairness in this situation.

Employers should encourage the use of unused vacation or personal time if the employee is out of sick time, and also be wary of employee morale problems that could arise if employees are required to remain out of the office and are forced to go without pay. This is especially true given the comments that members of Congress on both sides of the aisle have made regarding the need for American businesses to step up and pay workers for time out that may be occasioned in a pandemic scenario.

In short, employers without telecommuting options should consider paying employees for time spent under self-quarantine, even if the employee is out of sick-time benefits. Employers should also remember that their exempt employees should be paid full salaries if they perform any work during a work week, even if it is done at home.

Employers should be carefully monitoring the CDC website for updates and information. In addition, now is a good time to review your company sick-leave policy and consider whether you will allow for more time off during pandemics. We also recommend that employers consult with labor and employment counsel on this complex situation if they are planning to take action against sick employees or instituting any new policies.

John Gannon is a partner with Springfield-based Skoler, Abbott & Presser. He specializes in employment law and regularly counsels employers on compliance with state and federal laws, including the Americans with Disabilities Act, the Fair Labor Standards Act, and the Occupational Health and Safety Act. He is a frequent speaker on employment-related legal topics for a wide variety of associations and organizations. Andrew Adams is an associate with the firm and specializes in labor and employment law; (413) 737-4753.

COVID-19 Daily News

Gov. Charlie Baker Declares State of Emergency in Response to Coronavirus

By BusinessWest Staff March 11, 2020

BOSTON — Gov. Charlie Baker declared a state of emergency in Massachusetts on Tuesday to support the Commonwealth’s response to the outbreak of coronavirus.

The Baker-Polito administration also announced new guidance for executive-branch employees in order to prevent and mitigate the spread of COVID-19. This includes discontinuing all out-of-state work-related travel; canceling or virtually holding conferences, seminars, and other discretionary gatherings; informing employees not to attend external work-related conferences, seminars, or events; reminding employees feeling sick with fever or flu symptoms to not come into work; and encouraging high-risk employees to talk with their supervisors to review possible alternative work assignments.

Regular internal government business will continue, and these new measures complement other precautions that have been put in place in recent days encouraging proper self-care and hygiene and increasing cleaning and sanitizing of government buildings and offices.

“We will continue planning and preparing to mitigate the spread of this disease, and have issued new guidance for executive-branch employees in the Commonwealth,” Baker said. “I urge employers and other large organizations to follow our example and limit or eliminate non-essential travel, limit or eliminate large events where possible, and explore telework where appropriate for your organization. We are also urging older adults and those with health issues to avoid large crowds and large events.”

The guidance for executive-branch employees goes into effect today, March 11, and will be revisited in 30 days or sooner as circumstances dictate.

The Massachusetts Emergency Management Agency has been activated and is bringing together health, human-services, public-safety, and other government leaders. This working group follows the Department of Public Health’s (DPH) infectious-disease task force that was assembled in January.

The administration also issued updated guidance to members of the public. This guidance is posted on the DPH website, www.mass.gov/2019coronavirus.

The administration urges older adults and those with health issues to avoid large crowds and events. Individuals who live in households with vulnerable people, like elderly parents, should also consider avoiding crowds.

Today, DPH will distribute guidance to long-term-care facility operators. This guidance will outline how these facilities should protect elderly residents at higher risk for coronavirus. This will include banning visitors who show signs or symptoms of a respiratory infection (fever, cough, shortness of breath, or sore throat). Visitors will be prohibited if they had contact in the last 14 days with someone with a confirmed diagnosis of COVID-19, are under investigation for COVID-19, or have been sick. Visitors will be prohibited if they have traveled internationally in the last 14 days or are residing in a community where community-based spread of COVID-19 is occurring. Visitors will not be allowed to visit long-term-care facilities if they currently feel sick or exhibit symptoms.

Regarding K-12 schools, the Department of Secondary and Elementary Education (DESE) is providing local schools with relief from attendance and school-year requirements so that schools have the flexibility to make decisions on temporary closures due to coronavirus.

Specifically, the longest any school district will be required to go is its already-scheduled 185th day. No schools will be required to be in session after June 30. For accountability purposes for school year 2019-20, DESE will calculate chronic absenteeism as of March 2 and disregard all attendance data for the remainder of the school year.

In addition, DESE Commissioner Jeff Riley is strongly urging all districts to cancel all out-of-state travel at this time. This is in addition to the administration’s existing request for schools to cancel international trips.

The Department of Public Health will be issuing updated guidance to superintendents on how to address cases that arise at a school, including potential school closures.

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