Return to the Workplace Employment Policies: Masking, Distancing, and Vaccine Requirements

As COVID-19 infections spike from the Delta variant, anxiety rises for employers and employees alike. Employers are facing challenges in returning employees to the workplace and maintaining a safe environment. With reports of the federal and several state governments requiring COVID-19 vaccinations or weekly testing as a condition of employment, many employers are rethinking both return-to-work plans and vaccine policies.

Due to current rates of infection, employers may want to revisit their COVID-19 response plans. They may wish to consider such plans with reference to new CDC guidance and recent federal and state government responses to the new variants. Companies should strategize the specifics of returning employees to the workplace, requiring vaccinations, obtaining proof of vaccination status, implementing safety protocols consistent with the CDC, OSHA, or state/local health department guidelines, and evaluating industry-specific standards.

Employment counsel should work with clients to review state or local authority on vaccine mandates, masking, and other safety protocols and evaluate the risks specific to the workplace. Counsel and management should consider changes to company benefits, the impact on employee morale, health, and safety, and revising communication plans to exceed legal requirements.

Listen as Taylor E. White, Shareholder at Winstead, addresses these evolving issues and provides practical advice on strategically handling a business reopening while mitigating risks for future employment claims.