WORKFORCE ISSUES
FPLG COVID-19 RESPONSE
WORKFORCE ISSUES
[UPDATE: November 16, 2020]
Due to the disastrous course of the COVID-19 pandemic, the nation is now facing a difficult winter including the rollback of phased reopenings that have not worked to safely reopen society while keeping the infection rate at bay. Not unlike the movie “Groundhog Day,” the nonprofit sector along with the rest of the American economy and workforce will have to retrench. That will mean making plans again in a few months to move forward, albeit this time – hopefully – with effective vaccines. Employers will face a complex set of new situations and new rules.
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[UPDATE: May 26, 2020]
The questions, confusion, and challenges facing nonprofit organizations with workforces continues as the laws and rules change. For the first two months or so of the pandemic, there was no clear answer when or if we can return to “normal.”
For the organizations with workers who have been deemed “essential” from the outset of the crisis, it’s been a matter of learning about, and implementing, all of the new guidelines and rules to maximize safety. A complicating factor has been the plethora of vague, ambiguous, and shifting recommendations and requirements from federal, state, and local authorities, and the challenges in reconciling them.
Now, with all 50 states moving to one degree or another, into stages of “reopenings,” many more organizations will face decisions about restarting operations that were put on hold or terminated entirely. They will encounter the same issues and complexities as the organizations which kept operating, in whole or in part, since March.
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[April 6, 2020]
Among the many critical issues facing nonprofits in this pandemic crisis, few are as immediate as the matter of how to deal with the workforce challenges: retaining and paying staff under dire financial constraints and maintaining the health and safety of everyone connected with the organization.
The new reality of COVID-19 triggers existing regulations and requirements that apply in the case of infectious diseases generally. It has also created new layers of rules and mandates because of the unprecedented scope and severity of this pandemic.
And, of course, the many existing laws governing the employer-employee relationship remain in force and effect.
There are many questions – but few easy answers.
With the prospect of an FDA approved COVID-19 vaccine on the horizon, employers are already wondering whether they will be able to require their employees to get the vaccine. Because the pandemic has caused changes in other workplace rules, the answer to this question is not clear.
— Suzanne W. Overholt, Esq., Smith Admunsen (11/13/20)
With uncertain cash flow, you may not be able to restart every program at the level it was. Also, due to health vulnerabilities, some staff members may need to remain in isolation. And as mentioned before, the programs you offer may have to change. New programs and procedures may require retraining staff. Start thinking now about how you will meet the criteria needed to reopen, whether you need a phased restart and what you will need for the programs and people involved.
— Howard Levy, Nonprofit Pro Blog (5/18/20)
With each day that COVID-19 remains a growing threat to communities across the country, employers face unprecedented challenges and concerns.
— Paul, Weiss, Rifkind, Wharton & Garrison LLP (3/20)
The COVID-19 pandemic has created fault lines between workers and their employers over a host of increasingly sensitive issues: Namely, can employees be forced to report to work if they’re afraid of contracting coronavirus? And can they be fired if they refuse?
The answer is complicated, labor-law experts say, and depends in large part on how risky the workplace is.
— Dale Haslar, The Sacramento Bee (3/19/20)
REFERENCES & RESOURCES
- California’s governor pulls ‘emergency brake’ on reopening amid Covid surge (November 16, 2020) Lois Beckett & Vivian Ho, The Guardian
- Can I Require My Employees To Get The COVID-19 Vaccine? (November 13, 2020) Suzanne W. Overholt, Esq., Smith
- Bouncing Back: A List of Statewide Return to Work Protocols (Updated: October 29, 2020) Littler Mendelson
- Employers can expect OSHA to issue emergency rule for COVID-19 early in Biden administration (November 11, 2020) David Dubberly, Esq., Nexsen Pruet PLLC
- What Employers Need To Know About COVID-19 Critical Infrastructure Designations (October 27, 2020) J. Micah Dickey, Esq., Fisher Philllips
- CDC’s New Definition of “Close Contact” May Affect Workplace COVID-19 Response (October 26, 2020) David Williams, Esq., Snell & Wilmer
- Can Employers Require Mandatory Vaccinations? (October 23, 2020) Greenwald Doherty LLP
- Considerations for Nonprofit Human Resource Departments in Responding to COVID-19 (July 7, 2020) Vineeta Nangia, Esq., Goodwin Proctor LLP
- COVID-19 and Deciding Who Continues Working from Home (July 7, 2020) Kathy Gurchiek, shrm.org
- Mitigating Risks After Reopening in the U.S.: What to Do When an Employee Who Has Returned to the Workplace Has Symptoms Of, Tests Positive For or Has Been Exposed to COVID-19 (June 16, 2020) Jennifer M. Fay, Esq., et al., Goodwin Procter LLP
- Nonprofit Strategy Guide for When the Economy Reopens (May 18, 2020) Howard Levy, Nonprofit Pro Blog
- Going Forward: Best Practices and Considerations for Nonprofit Re-engagement (May 4, 2020) Oklahoma Center for Nonprofits
- Coronavirus: Employment Law Considerations and Practical Guidance for Employers (March 10, 2020) Paul, Weiss, Rifkind, Wharton & Garrison LLP
- California employees fear they’ll catch coronavirus in the office. What are their options? (March 19, 2020) Dale Haslar, The Sacramento Bee
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COVID-19 Employer Toolkit: Designed Exclusively for Nonprofits (March 2020) Unemployment and Workforce Solutions
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“Funders,” writes nonprofit blogger Vu Le, “this is the rainy day you have been saving up for.” Recently, we wrote about Mr. Le’s earlier plea for America’s foundations to step up their payouts beyond the “five percent rule” in the federal tax code. In an article last summer, he characterized it as a moral imperative: The ethical argument for foundations to increase their annual payout rate beyond 5% (August 4, 2019). This morning, it’s a [...]
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