December 5, 2021

Volume XI, Number 339


December 03, 2021

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What Businesses Can Do to Prepare for Further Closure Orders

Many businesses are beginning their re-opening phases, while others are being forced to close again due to COVID-19 fluctuations.  In such uncertain circumstances, many employers are struggling to find a balance between the safe and efficient operation of their businesses, and preparation for potential closure orders and/or business restrictions.

Due to the uncertainty of the circumstances, there is no way to predict what is in store for employers. However, the following are things to consider as COVID-19 persists:

  • Determine whether your business qualifies as “essential” under the state or local orders, keeping in mind, that even if your organization’s mission may be considered “essential”, not all employees may be deemed “essential”, under local orders.

  • Prepare and/or update your company’s COVID-19 exposure and Prevention Plan and Cal/OSHA Injury and Illness Prevention Plan;

  • Review state and local requirements for symptom screening procedures for employees working on-site and/or customers coming to the worksite;

  • Ensure you have appropriate sources of personal protective equipment for your employees;

  • Review remote work and telework policies;

  • Evaluate expense reimbursement for potential further telework;

  • As to employees who cannot work from home, assess which applicable supplemental paid sick leave ordinances may apply to your business;

It is recommended that reopened companies implement an action plan to ensure they are prepared to handle potential future closures due to the fluctuation of COVID-19 infections.

Some things businesses should do to prepare for a potential second wave of closures are:

  • Review Cal-WARN Act obligations;

  • Revisit former employee notices and communications to ensure they are compliant under the rapidly changing regulations;

  • Consult local orders applicable to furloughs and layoffs;

  • Verify compliant practices for processing requisite terminations and layoffs.

Jackson Lewis P.C. © 2021National Law Review, Volume X, Number 192

About this Author

Michael D. Drenan Employment Law Jackson Lewis San Diego, CA

Michael D. Drenan is a Principal in the San Diego, California, office of Jackson Lewis P.C. For over 25 years, he has counseled and represented employers in such matters as wrongful discharge, tort claims related to employment, employment discrimination, sexual harassment, unfair competition cases, and wage and hour matters.

Mr. Drenan advises, represents, and defends employers in various areas of employment law and employment litigation before federal and state courts and administrative agencies. He also has extensive experience representing employers with...

Emilia A. Arutunian Employment lawyer Jackson Lewis

Emilia A. Arutunian is an Associate in the San Diego, California, office of Jackson Lewis P.C. Her practice focuses on representing employers in workplace law matters, including preventive advice and counseling.

While attending law school, Ms. Arutunian completed an externship with the Honorable Larry Alan Burns, the Chief United States District Judge of the United States District Court for the Southern District of California.

Ms. Arutunian is an active member of the American Bar Association Rule of Law Initiative, an...