2) If you do a layoff & you want to provide a severance with an agreement, remember the Older Workers Benefit Protection Act notice requirements. It may be best to put whatever amounts you want to spend on severance on health insurance premiums so if people get sick...
Right now, getting a release from employees isn't a top priority, so just giving folks payments or paying for insurance will be welcome from your people. Not getting a release is likely to be okay. We can worry about suits later. Do the right thing now.
3) For layoffs/furloughs, the WARN Act has an exception for "unforeseen business circumstances." I'm fairly confident a global pandemic qualifies, so don't fret WARN Act requirements.
4) Yes, OSHA would normally ask you to report infectious diseases. BUT what is OSHA going to do here when so many people are going to get infected? Investigate each one? Unlikely. Focus on what you can do for your employees, not reporting requirements to OSHA.
5) Yes, the Families First Coronavirus Response Act is confusing & has tons of holes in it. Look to @jonhyman @heatherbussing @danielschwartz @jeffreysnowak (& maybe me). Each have provided a significant amount (& sometimes differing) interpretations. Talk to your lawyer too.
Remember, the law is a floor. You can always do more than what the law requires if you can do it financially & keep the doors open and/or paychecks flowing.
6) Be mindful of harassment. There have been TONS of reports of harassment of Asian Americans. Don't let this happen in your workplace. Shut it down. Terminate. Do what you have to keep your workplace free of harassment.
7) How we treat people now will be remembered forever. Do what you can. If you can't afford to keep people, get them on unemployment as a safety net. It's there for a reason & many states have expanded coverage and/or eliminated waiting periods.
8) Here's a hug from me. An appropriate, physically distant hug. This is really hard. The hardest it may ever be in #HR. I have faith we'll get through it. You will too. Take care of yourself.
