Labor Law FAQs on Reopening Your Business During COVID-19

by KCALMay 26, 2020KCAL Perspectives

On May 20, KCAL Insurance hosted a Labor Law Webinar inviting Attorney Wendy Doo to share with employers the important protocols and guidelines employers should follow when they reopen their businesses. Follow along to see if your question was answered!

**Disclaimer: The information in this article is for reference only. Please consult a legal professional for more information.

A: Yes, employer may consider non-response as resignation/work abandonment.

A: You can allow the employee to take Expanded Family and Medical Leave under the Families First Coronavirus Response Act if the employee is eligible.

A: Yes you should.

A: Employee refusing to return to work will not be deducted from PPP forgiveness, but you have to have the same full-time equivalent headcount and same pay when you apply for PPP forgiveness.

A: Not at the moment, but make sure employees working from home are accurately documenting their hours and their rest and meal breaks.

A: Ask for documentation of school closure. If it is not possible for the employee to work from home, you can allow the employee to use the Expanded Family and Medical Leave under the Families First Coronavirus Response Act.

A: If no one is working in the office, you do not need to post the Social Distancing Protocol at the office.

A: For now, you will have to return what you don’t spend, but the 8 weeks for PPP may be extended.

A: Orange County tells employers and businesses to follow CDC guidelines: http://orangecountync.gov/DocumentCenter/View/10016/covid_19_guidance_for_businesses (opens in new tab).

A: Yes, to avoid workplace safety complaints and for protection of the employees.

A: Most counties have similar protocols. You need to follow the guidelines/protocols specific to your county and/or local jurisdiction.

A: Yes, please make sure to follow all protocols and stay updated with the latest COVID-19 news as the laws are constantly changing.

A: All businesses that are open in LA County need to post the Social Distancing Protocol.

A: Everyone who can carry out their work duties from home should be directed to do so.

A: Refer to Guidance for Resuming Deferred and Preventive Dental Care: https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/Guidance-for-Resuming-Deferred-and-Preventive-Dental-Care–.aspx (opens in new tab).

A: Employer may discipline employees for not following social distancing guidelines unless the employee is refusing to wear face covering due to disability or religious reasons.

A: Please consult your CPA. The simple answer is that you need to meet the requirement of full-time equivalent headcount and pay when you apply for PPP forgiveness.

A: The simple answer is that you need to meet the requirement of full-time equivalent headcount and pay when you apply for PPP forgiveness. You can consult your CPA/SBA lender.

A: Yes

A: Follow LA County Department of Public Health Guidance for Early Childhood Education http://publichealth.lacounty.gov/media/Coronavirus/GuidanceEarlyChildhoodEducation.pdf (opens in new tab)

A: Follow CDC guidance.

Employees who will not be tested for COVID-19 can leave home after all three are met:

No fever for at least 72 hours (3 full days of no fever w/o use of medicine that reduces fevers)
Other symptoms have improved (e.g., cough or shortness of breath have improved)
At least 7 days have passed since symptoms first appeared

A: Workers’ comp should cover. Please feel free to contact your account manager for more details.

A: Yes

A: As of now, massage centers are not allowed to open. Since the laws are constantly changing during these times, make sure to stay updated with the latest news and follow proper protocols when necessary.

A: For now, you will have to return what you don’t spend, but the 8 weeks for PPP may be extended.

A: Since there are no specific requirements on where you should buy them, you can search for plexi-glass on Google and find suppliers there.

A: Depends on what the laser is for (i.e., medical or beauty).

A: The staffing agency should have their workers’ compensation policy. Please make sure the staffing company employees are covered under the staffing company’s workers’ compensation. The staffing company should provide their client (employer) with proof of their workers’ compensation policy and name their client (employer) as “alternate employer” on their workers’ compensation policy.

Labor Law FAQs on Reopening Your Business During COVID-19

Q1: We sent a notice to ask the employee to return to work but did not receive any response from the employee. Can we assume they quit and issue them a letter of termination?

Q2: If the EDD letter says that the reason the employee is receiving EDD is that someone in the family may be infected with COVID-19, how should the employer respond to EDD?

Q3: We received a letter from the EDD in early April (which is now passed the 10-day deadline for the employer to reply). Now, the employee refuses to return to work in May. Do we still need to reply to EDD?

Q5: We've asked all of our employees to work from home. Is there any further action we need to take?

Q6: One of our employees refuses to return to work because they have to take care of their children at home due to school closure. How can we handle this kind of situation?

Q7: If all of our employees are working from home and not at the office, do I need to post the Protocol for Social Distancing: Appendix A at the door of the company?

Q8: What can we do if the business remains shutdown after 8 weeks of PPP funding?

Q9: My office is located in Orange County. Are there any protocols we can follow for Orange County?

Q10: Is the company obligated to provide face masks to employees?

Q11: Our business is not located in Los Angeles County. What protocols do we follow?

Q12: Do restaurants and bakeries need to post protocols for social distancing?

Q13: Does the order apply to essential businesses that have been open? Or only to reopening retailers?

Q14: At our company, if our work can be done from home, should we reopen our doors?

Q15: We are a dental office. How can we maintain a six feet distance?

Q16: What should employers do if the employees are not following guidelines and refusing to wear masks?

Q17: Our company has already received PPP. Some of the employees can't return to work full time because they have to take care of their children. Do they still receive full time pay?

Q19: Employees are rotating shifts and have reduced working hours. Can employees still apply for EDD?

Q20: I am a childcare provider. If I plan to open my daycare (the students are between 2-5), how do I practice social distancing while caring for them? Are there any liabilities in this situation?

Q21: Can tutoring centers allow tutors and students to be face-to-face? Do the same protocols apply?

Q22: One of the employees at our office is coughing. How many days do I have to send him/her home?

Q23: If we return to work and there is an infection, is the employer liable?

Q24: We received a letter from the EDD about our previously resigned employee. Should we tell EDD that the employee voluntarily left?

Q25: How can we follow the protocol for massage centers?

Q26: We can't work and we have no students. We can't open. What happens to our PPP loan?

Q27: Where can we buy partition screens?

Q28: Are laser centers allowed to open?

Q29: We have hourly employees not on our payroll (paid through a staffing company). What should we do if they are not covered by workers' compensation?