REOPENINGS
FPLG COVID-19 RESPONSE
REOPENINGS
[September 1, 2020]
Now, two months after we added this new subsection, we see that the rush toward quickly reopening businesses, institutions, and organizations, was ill-advised. We’re now in an unfortunate pattern of rules-relaxations followed by predictable and dangerous surges in the COVID-19 pandemic requiring retrenchments – then followed again by slower attempts at reopenings.
There are compilations, summaries, and charts of up-to-date reopenings and rules for all U.S. jurisdictions (see References and Resources); see also our STATE OF CALIFORNIA page.
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[June 26, 2020]
“The unthinkable happened. And yet, through it all, our sector has continued to ‘do good.’ In some respects, our sector never closed.”
That’s how the Oklahoma Center for Nonprofits opens its excellent, 60-page, reference guide to the challenge of moving from the initial – highly traumatic and disruptive – shelter-in-place phase of the COVID-19 pandemic toward small bits and pieces of “normalcy.”
At the outset of the pandemic, nonprofits were advised to quickly consider the steps needed “to mitigate the impact of the COVID-19 pandemic and – as much as possible – plan for the near future and their ultimate survivability. “
There has been intense and growing pressure – (counter to sound advice from epidemiologists and public health experts) – to “open up” the economy as quickly as possible. Even early-lockdown states like California are now moving through stages of reopenings at a dizzying speed. So, the crisis-planning strategy of each nonprofit organization must evolve once again: more quickly than expected or perhaps advisable.
“Reopening will be jurisdiction-specific, subject to compliance with all state and local directives as well as any industry-specific requirements.” For the nonprofit sector more particularly, there are (or soon will be) distinct rules and guidelines for various categories like churches, museums and other arts organizations, and educational institutions.
“As an overarching consideration, organizational leaders owe a fiduciary duty of due care regarding its activities. In other words, they should be vigilantly attentive to COVID-19-related attendance and participation matters, as they would be for any other safety-related issue that could threaten health and safety of individuals.” Under this duty of care, directors are generally “presumed to make decisions on an informed basis and in good faith” so long as they have acted as an (objectively) reasonable person would act under similar facts and circumstances.
This new subsection of our website’s “Crisis Management” section has been added to collect and present information and resources on the challenges facing nonprofits around the nation as they navigate this new phase of the pandemic.
We’re going to be more stubborn this time,….This more stringent, but we believe more steady approach.
— Gov. Gavin Newsom (D-CA) (8/28/20)
As fall semester approaches, students are increasingly opposing liability waivers and “informed consent” agreements required by colleges as a condition of returning to campus.
— Greta Anderson (8/3/20)
…Nonprofit leaders owe a fiduciary duty of due care…. [They] should be prepared to proceed with caution and flexibility, with safety considerations and risk management of paramount importance. The strategy for reopening will likely look much different for each organization, depending on its type, nature of services, and location.
— Wagenmaker & Oberly (6/15/20)
During a global crisis like this, …, it’s difficult to plan for the future when we don’t know what the next week or month will look like. All nonprofit CEO’s and executive directors are working hard to make the best decisions they can ….
— Lindsay Tallman, BoardSource (5/5/20)
Now, we begin a slow – and methodical – process of reopening our offices and facilities. It will not be like turning on a light switch.
— Oklahoma Center for Nonprofits (5/4/20)
…[E]mployers must start considering how best to cope with a vast array of issues, including restarting or expanding operations, reintegrating remote-working or furloughed employees, implementing new state and local orders/requirements, and protecting the safety of employees and [the public].
— Sarah Bouchard, Esq., Morgan Lewis (4/16/20)
REFERENCES & RESOURCES
- Colleges Seek Waivers From Risk-Taking Students (August 3, 2020) Greta Anderson, Inside Higher Ed
- Reopening Our Workspaces: A Playbook (July 16, 2020), Leading Edge
- The Only Question For Law School Reopenings: How Do You Ask a Person To Be The Last Person To Die For A Mistake? (July 2, 2020) Paul Caron, TaxProf Blog
- New Employer Obligations in the Age of COVID-19: Safety Policies, PPE, and Deep Cleaning (June 25, 2020) David J. Santeusanio, Howard Sokol & Matthew W. Sloane, Holland & Knight LLP
- Op-Ed: Your college may ask you to sign a waiver for harm inflicted by COVID-19. Don’t do it (June 25, 2020) Professor Heidi Li Feldman, The Los Angeles Times
- Latest SixFifty Product Helps Churches Assess Readiness To Resume Services (June 24, 2020) Bob Ambrogi, Esq., LawSites
- THE ROAD FORWARD Best Practices Tip Sheet for Arts Organizations Re-engaging with Audiences or Visitors (June 2020) National Endowment for the Arts
- OSHA Releases Return-To-Work Guidance Addressing Assessments and Records (June 19, 2020) Kristin White, Esq., Fisher Phillips LLP
- What You Should Know about COVID-19 and the ADA, the Rehabilitation Act, and other EEO Laws (June 17, 2020) Equal Employment Opportunity Commission
- Return to Work: Questions All Employers Should Ask Before Reopening (June 15, 2020) Lee Tankle, Esq., Pepper Hamilton LLP
- LA County says museums can reopen. Museums say: Mmm, not so fast. (June 12, 2020) Jessica Gelt & Deborah Vankin, The Los Angeles Times
- Ready, Set … Slow? Nonprofits Face Reopening Challenges (June 9, 2020) Carrie Collins-Fadell, The Nonprofit Quarterly
- Colleges Mull Whether to Hold Classes on Campus as Fall Approaches (June 9, 2020) Marian Conway, The Nonprofit Quarterly
- Restarting Teams to Restart Museums (May 29, 2020) Jennifer Martin, American Alliance of Museums
- Resuming Business Toolkit: Coronavirus Disease 2019 (COVID-19) (May 21, 2020) Centers for Disease Control and Prevention
- Going Forward: Best Practices and Considerations for Nonprofit Re-engagement (May 4, 2020) Oklahoma Center for Nonprofits
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