COVID-19 & The Workplace - Employment Issues, Legislative Trends & Medical Updates - Brown & Brown Insurance
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COVID-19 & The Workplace Employment Issues, Legislative Trends & Medical Updates
Disclaimer
The information in this program is based upon the very dynamic and evolving seeking legal, tax, or medical advice from a professional in your area. Only
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bbinsurance.com/covid19 | March 27, 2020 © 2020 Brown & Brown, Inc. All rights reserved.
Today’s Presenters
Louise J. Short,
Bob Lloyd Nick Karls Jeremy Sosna MD, MSc
Executive Vice Vice President, Guest Presenter National
President, General Regulatory & Shareholder Clinical Leader
Counsel Legislative Strategy
Brown & Brown, Inc. Hays Companies Littler Mendelson SBA and
Brown & Brown, Inc.
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bbinsurance.com/covid19 | March 27, 2020 © 2020 Brown & Brown, Inc. All rights reserved.
Questions Answered
With Nick Karls & Jeremy Sosna
How do I know if my company is covered by
the Families First Coronavirus Recovery Act
(FFCRA)?
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bbinsurance.com/covid19 | March 27, 2020 © 2020 Brown & Brown, Inc. All rights reserved.Questions Answered
With Nick Karls & Jeremy Sosna
If we need to consider furloughs or temporary
layoffs, are we able to implement immediately
or do we have to provide notice to the
employees?
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bbinsurance.com/covid19 | March 27, 2020 © 2020 Brown & Brown, Inc. All rights reserved.Questions Answered
With Nick Karls & Jeremy Sosna
If an employee is out on furlough, and they
then get diagnosed with COVID-19, do they
qualify for paid sick leave under the FFCRA?
How about the new PFL if they have to look after dependents?
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bbinsurance.com/covid19 | March 27, 2020 © 2020 Brown & Brown, Inc. All rights reserved.Questions Answered
With Nick Karls & Jeremy Sosna
In lieu of a furlough or temporary layoff, are
employers permitted to simply reduce the
hours worked by employees to cut costs
temporarily? What other strategies might be
available as an alternative to a layoff?
6
bbinsurance.com/covid19 | March 27, 2020 © 2020 Brown & Brown, Inc. All rights reserved.Questions Answered
With Nick Karls & Jeremy Sosna
Many employers are establishing temporary
leave and wage replacement policies (unpaid
and paid). What happens when they are
unable to maintain these policies due to
durations – and how do they sunset them?
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bbinsurance.com/covid19 | March 27, 2020 © 2020 Brown & Brown, Inc. All rights reserved.Questions Answered
With Nick Karls & Jeremy Sosna
I know that the focus has been on laying
off, terminating or furloughing employees, but what
about employers within what is considered an
essential industry that are trying to maintain their
workforce by offering incentive pay?
What are your recommendations or concerns about
putting that into place? And should there be a time in
which incentive pay is no longer necessary, how
should that be conveyed?
What is the associated risk?
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bbinsurance.com/covid19 | March 27, 2020 © 2020 Brown & Brown, Inc. All rights reserved.Questions Answered
With Nick Karls & Jeremy Sosna
If the employee is working from home due to
a Shelter-in-Place mandate, but at a reduced work
schedule, does that qualify them for unemployment
(difference between regular hours vs. reduced)?
Can an employer force an employee to use accrued
vacation or PTO to cover the wage gap between
regular scheduled and reduced scheduled hours?
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bbinsurance.com/covid19 | March 27, 2020 © 2020 Brown & Brown, Inc. All rights reserved.Questions Answered
With Nick Karls & Jeremy Sosna
We know that we have guidance from the EEOC that
employers can take their employees’ temperature
when they show up for work.
What would you say is the limit as far as what an
employer can do to try and keep the Coronavirus out
of their workplace?
What kinds of questions can I ask employees who
report for work, and what kinds of questions are off
limits from an employment law/privacy perspective?
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bbinsurance.com/covid19 | March 27, 2020 © 2020 Brown & Brown, Inc. All rights reserved.Questions Answered
With Nick Karls & Jeremy Sosna
Our business has remained open and is
starting to report cases of Coronavirus in the
workplace. What actions should I take if I
learn that an employee has a
confirmed, positive diagnosis?
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bbinsurance.com/covid19 | March 27, 2020 © 2020 Brown & Brown, Inc. All rights reserved.Questions Answered
With Nick Karls & Jeremy Sosna
How should I address having elderly
employees or other employees that may be
higher risk for contracting the virus in the
workplace?
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bbinsurance.com/covid19 | March 27, 2020 © 2020 Brown & Brown, Inc. All rights reserved.Questions Answered
With Nick Karls & Jeremy Sosna
Say an individual knowingly shows up at work
with COVID-19. Grounds for termination?
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bbinsurance.com/covid19 | March 27, 2020 © 2020 Brown & Brown, Inc. All rights reserved.Questions Answered
With Nick Karls & Jeremy Sosna
We are an essential or life-sustaining business that
remains open while others have closed due to
“Shelter-in-Place” orders.
Our employees have expressed concern about having
to report to work during this time because of the risk
of contracting the virus. What can we do when it
comes to performance management for employees
who simply refuse to report to work?
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bbinsurance.com/covid19 | March 27, 2020 © 2020 Brown & Brown, Inc. All rights reserved.Questions Answered
With Nick Karls & Jeremy Sosna
As employers are trying to accommodate
requests associated with return to work with
limited or no medical return to work clearance
documentation, what steps would you
recommend the employer take?
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bbinsurance.com/covid19 | March 27, 2020 © 2020 Brown & Brown, Inc. All rights reserved.Questions Answered
With Nick Karls & Jeremy Sosna
We now have a large group of employees that
are telecommuting due to the COVID-19
outbreak. What risks do we need to be aware
of for this "new normal"?
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bbinsurance.com/covid19 | March 27, 2020 © 2020 Brown & Brown, Inc. All rights reserved.Control of COVID-19
Source: CDC; J. P. Morgan, Cembalest, Michael. “Eye On The Market.” 23 Mar. 2020, Https://Www.Jpmorgan.Com/Jpmpdf/1320748302164.Pdf.
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bbinsurance.com/covid19 | March 27, 2020 © 2020 Brown & Brown, Inc. All rights reserved.Generational Data
Source: CDC; J. P. Morgan, Cembalest, Michael. “Eye On The Market.” 23 Mar. 2020, Https://Www.Jpmorgan.Com/Jpmpdf/1320748302164.Pdf.
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bbinsurance.com/covid19 | March 27, 2020 © 2020 Brown & Brown, Inc. All rights reserved.Update on CDC
Defined Risk Groups
• People 65 years and older
• People who live in a nursing home or long-term care facility
• Other high-risk conditions could include:
• People with chronic lung disease or moderate to severe
asthma
• People who have serious heart conditions
• People who are immunocompromised including cancer
treatment
• People of any age with severe obesity (body mass index
[BMI] >40) or certain underlying medical conditions,
Chromic Lung Disease particularly if not well controlled, such as those with diabetes,
renal failure, or liver disease might also be at risk
• People who are pregnant should be monitored
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bbinsurance.com/covid19 | March 27, 2020 © 2020 Brown & Brown, Inc. All rights reserved.Actions to Take in the Workplace
• How long can the COVID-19 live on surfaces? • Updated guidance on environmental disinfection if a
case of COVD-19 has been identified in the work-place
• Viruses lose 90% of infectivity in several hours
• Close off areas used and wait as long as practical
• They can be disinfected in one minute using the
prior for cleaning and disinfection (up to 24 hours if
appropriate chemicals/cleaners
possible)
• www.epa.gov/pesticide-registration/list-n-
disinfectants-use-against-sars-cov-2 • Open outside doors and windows to increase air
circulation in the area
• www.cdc.gov/coronavirus/2019-
ncov/community/organizations/cleaning- • PPE should be used by those performing
disinfection.html the disinfection
• Increase ventilation rates • Cleaning staff should clean and disinfect all areas
(e.g., offices, bathrooms, and common areas)
• Increase the percentage of outdoor air that circulates
into the system used by the ill persons, focusing especially on
frequently touched surfaces
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bbinsurance.com/covid19 | March 27, 2020 © 2020 Brown & Brown, Inc. All rights reserved.Testing, Vaccines & Treatment
• Testing
• Availability
• Evive.care - www.evive.care
• Verily in CA - www.projectbaseline.com/study/covid-19
• Home testing
• Turnaround times and rapid testing
• Vaccines:
• Two phase I trials being run by the NIH
• Several pre-clinical vaccine trials
• Estimated time-frame 12-18 months at this point
• Approximately 30 drug trials going on with multiple combinations of drugs
• Chloroquine – what we know today
• Side effects and safety
* Visit ClinicalTrials.gov for additional information on COVID-19 drug trials
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bbinsurance.com/covid19 | March 27, 2020 © 2020 Brown & Brown, Inc. All rights reserved.Social Distancing ≠ Being Alone
Keeping Employee Needs in Mind
Create Community Stay Smart Virtual Volunteering
Create a sense of community Start an online book club or have Support your community with
“outside of work” virtual meals, friendly competitions with online virtual volunteering or making
coffee chats, or happy hours games donations to local charities
https://www.cnn.com/specials/im
pact-your-world
Stay Active Make Future Plans
Encourage employees to stay Make a plan to stay connected
active with daily exercise – ride with your employees until you can
your bike, take a walk, or find a return to the office
class online
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bbinsurance.com/covid19 | March 27, 2020 © 2020 Brown & Brown, Inc. All rights reserved.How We Can Support
Resource Center
• Find more information at bbinsurance.com/covid19
• Resource Links:
• WHO - www.who.int/health-topics/coronavirus
• CDC - www.cdc.gov/coronavirus/2019-ncov/index.html
• National Business Group on Health -
https://www.businessgrouphealth.org/topics/blog/the-evolving-
situation-of-coronavirus-what-we-know-and-what-we-dont
• OSHA – www.osha.gov
Q&A
• Please submit any questions in the Live Chat feature of this webinar
or send them directly to your service team.
23
bbinsurance.com/covid19 | March 27, 2020 © 2020 Brown & Brown, Inc. All rights reserved.Live Stream Survey
Accessing Your 1.0 SHRM Credit Certificate
Survey Via Email
• You will receive a follow-up survey via email that includes a question
you must complete to access your 1.0 SHRM credit. Once you
complete the survey, the SHRM Program ID # will appear on the
survey submission confirmation page.
COVID-19 Resource Center
• Don’t want to wait? Having trouble receiving our email? Access the
survey now at bbinsurance.com/covid19 to claim your 1.0 SHRM
credit.
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bbinsurance.com/covid19 | March 27, 2020 © 2020 Brown & Brown, Inc. All rights reserved.Thank You
Please contact your service team for
Save the Date any additional information and visit
Friday, April 3 bbinsurance.com/covid19
2pm ET | 11am PT
Live Stream No. 4
Further details to follow.You can also read
