Common Employment Practices Claims Arising Out of COVID-19

As COVID-19 continues to spread throughout the United States, there has been a massive upheaval of the American workplace. Employers have found themselves drafting and implementing policies and procedures addressing a wide array of issues including remote work, layoffs, furloughs, pay cuts, workplace conditions and many more. Not surprisingly, the uncertainty wrought by COVID-19 has left employers at an increased risk of exposure to employment-related claims alleging wrongful termination, discrimination, retaliation and many others.

Handling the Influx of Remote Work Requests

Before the coronavirus (COVID-19) pandemic, the merits and pitfalls of working remotely were often debated. As states went into lockdown to help stop the spread of the coronavirus, many workforces were forced to go online and quickly adapt to a remote-only work environment. Now, as the pandemic evolves and offices and worksites reopen, employers are likely to experience an influx of requests from employees to continue telecommuting.

Is This the New Normal?

Life lately has been far from business as usual. During lockdown, we’ve experienced a paradigm shift. Remote working—or telecommuting—may no longer be seen as a workflex arrangement for select employees. As businesses reopen, it’s not as simple as flipping a switch. Every company and industry is unique and will have to decide what’s best for their business, employees and customers.

For many companies, prolonging a remote work policy is not just a safety measure. As summer approaches, it’s a logical approach to help employees with young children. With daycares, schools and after-school or recreation programs closed, parents are figuring out how to entertain young children at home while still working. Continuing remote work policies can also provide management some more time to reconfigure office floor plans and procedures to be a safer environment. Some companies may extend working from home for employees simply because it’s been working out well.

 

Requests Start Rolling In

As the decision is made for employees to come back to the office, employees may begin to have remote work requests. Likewise, companies may be more accepting of those requests than prior to the pandemic. Some companies could even make their entire operations remote as a new way to manage facility costs.

Employees may have personal reasons for requesting to work from home instead of coming into the office every day. Keep in mind the following common reasons:

·         Fearing contraction and spread of COVID-19 to family members or their household

·         Caring for children or other family members

·         Complying with social distancing mandates

·         Saving on commute time

·         Being more productive

Lastly, employees also may have quickly acclimated to working from home and would like to simply continue that work situation. As states start opening up again, employers should have a plan to address the post-pandemic workplace and workforce.

COVID-19 Relief for Employee Benefit Plan Deadlines

The DOL and the Department of Treasury (Treasury) recently issued deadline relief to help employee benefit plans and plan participants affected by the COVID-19 outbreak.

Participant Notices

The final rule extends the time frames for health plan participants to:

·   Request special enrollment under HIPAA

·   Elect COBRA continuation coverage, pay COBRA premiums and notify the plan of a COBRA qualifying event

·   File benefit claims and appeals, and request external review of denied claims

These deadlines are extended by disregarding the “Outbreak Period.” The Outbreak Period is the period of time from March 1, 2020, until 60 days after the announced end of the National Emergency (or such other date announced by the DOL and Treasury). The Outbreak Period cannot exceed one year.

ERISA Notices and Disclosures

In addition to the deadline relief for plan participants, the DOL issued Disaster Relief Notice 2020-01 to extend the time for plan officials to furnish benefit statements and other notices and disclosures required under ERISA.

Some of the key disclosures required by ERISA include the Summary Plan Description (SPD), Summary of Material Modifications (SMM) and Summary of Benefits and Coverage (SBC).

This relief is available to plans that act in good faith to furnish required documents as soon as administratively practicable. Acting in good faith can include using electronic communication to provide documents if certain requirements are met.

More Information

There are additional deadlines affected by the COVID-19 relief. Contact us today to learn which other benefit plan deadlines are extended.

Source: Zywave, 2020.

Know Your Benefits: Managing Your Chronic Condition During the COVID-19 Pandemic

If you’re one of the 133 million Americans with a chronic condition, you’ve probably experienced disruptions to how you manage your condition due to the coronavirus (COVID-19) pandemic.

Despite the challenges presented by the COVID-19 pandemic, managing your chronic condition shouldn’t be put on the back burner.

Following the Doctor’s Orders Has Never Been More Important

Patients who do not follow their doctors’ orders, especially patients with chronic conditions, may experience health complications, rapid disease progression, decreased quality of life and even premature death.

Not following orders can include not filling a prescription, not taking medication as directed and not attending or scheduling a follow-up appointment. Fortunately, there are some simple ways you can manage your condition during quarantine:

• Use telehealth services—Telemedicine makes it possible for you to talk to a doctor about your condition, receive a prescription and obtain treatment recommendations from the comfort and safety of your home. As a reminder, telemedicine shouldn’t be used for emergency care situations.
• Don't forget to fill or take prescribed medication—Keeping up with prescribed medications is essential for successfully managing a chronic condition. If you’re unable to go or uncomfortable going into a pharmacy to fill or pick up a prescription, transfer your prescription to a pharmacy that has a drive-thru option. You may also be able to sign up for a mail-order pharmacy service to get your medicine delivered to your doorstep.
• Lead a healthy lifestyle—Combining a healthy lifestyle with your treatment may be able to help you better manage your condition. Some simple things you can do during the pandemic include eating a well-balanced diet, exercising, reducing stress and avoiding tobacco and excessive alcohol consumption.

Prioritize Your Health

Failing to keep up with your chronic condition treatment can put you at risk for long-term consequences. Using telemedicine, drive-thru and mail-order pharmacy services, and leading a healthy lifestyle throughout the pandemic can help you prioritize your health. 

Pre-employment Screening Amid COVID-19

The coronavirus pandemic and its disease, COVID-19, have disrupted HR departments across the country. Essential tasks are now getting bogged down due to staffing shortages and shelter-in-place orders. This can make it even harder for the businesses still managing to operate during the pandemic, especially when it comes to hiring.

What To Do After Receiving a PPP Loan

In response to the debilitating effect the coronavirus (COVID-19) pandemic has had on small businesses across the country, the federal government funded a program under the Coronavirus Aid, Relief and Economic Security Act (CARES Act) called the Paycheck Protection Program (PPP).

Business Travel After COVID-19

Travel—for both business and leisure—worldwide has virtually come to a standstill during the coronavirus pandemic. At this point, nobody knows when it will come back. Whenever that time comes though, travel will certainly be different than it was before. Airports, airlines, hotels and car rental companies will likely be taking new precautions as companies start greenlighting travel for business purposes.

Managing Your Post-coronavirus Reputation

There’s no denying that the COVID-19 pandemic has been disrupting businesses, both small and large, across the globe. Businesses have had to drastically adjust their operations.

Once the threat of the coronavirus declines, your business may be ready to open up and return to normal operations. Whether your business had to close its doors or you had to set up your employees to work remotely, it’s important to recognize the global pandemic and continue protecting your company’s reputation.

CARES Act Allows Tax-free Student Loan Assistance

Among other measures aimed at easing student loan burdens during the coronavirus pandemic, the Coronavirus Aid, Relief and Economic Security Act (CARES Act) includes a provision that temporarily allows employers to make tax-free payments of up to $5,250 toward their employees’ student loans.

Wearing Facial Coverings or Masks in the Workplace During COVID-19

During the coronavirus disease (COVID-19) pandemic, some employers are currently staying open as essential businesses—for organizations that are not open, many plan to welcome back employees shortly. The Centers for Disease Control and Protection (CDC) advises that face coverings should be worn in public, including places of employment. There are many questions about the differences between masks and face coverings, and which is appropriate to wear. By familiarizing yourself with best practices related to masks and face coverings in the workplace, employers can help prevent the spread of COVID-19.

Return to Work Plans Following the COVID-19 Pandemic

The coronavirus (COVID-19) pandemic has interrupted many businesses across the country. While it’s unclear how long COVID-19 will continue to affect organizations, many employers are looking to the future of employees returning to work.

Protecting Remote Employees From Cyber Attacks

Although implementing a work-from-home program can provide a wide range of benefits for your business, allowing staff to work remotely also comes with unique risks and challenges. Specifically, having your employees work from home can increase their vulnerability to cyber attacks, which could result in costly consequences for your organization. With this in mind, it’s vital to ensure your work-from-home program is secure by utilizing top-notch technology and providing employees with adequate cyber security resources.