On Thursday April 16, 2020, President Trump unveiled his "Guidelines for Opening Up America Again" (the "Guidelines"). The Guidelines are designed to help state and local officials reopen their economies, get people back to work, and provide some initial topics for employers to consider prior to reopening. Masuda Funai is publishing a series of articles addressing the business, human and safety aspects that employers will need to consider as part of each company’s individualized reopening plan.
Today's article will discuss the "Returning to Work" considerations when recalling and onboarding employees who have been on furlough, as companies begin to re-open operations. Please reach out to your relationship attorney with any questions.
As companies begin to re-open and recall employees, they need to consider a number of issues to ensure a smooth transition for the employees, to comply with a myriad of laws, regulations and guidances issued by government agencies, and to lessen legal liabilities.
Employees who are not recalled have a potential case against the company for discrimination, retaliation or a violation of federal, state or local law. Therefore,
The onboarding process may include many of the same actions companies implement when onboarding newly hired employees and many actions companies implemented in response to COVID-19.
By planning the recall and onboarding process, companies will ensure a smooth process and avoid legal entanglements and liability.
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