4 Tips For Employers Evaluating Ambitious Reopening Plans

June 30, 2020, Law360, by Vin Gurrieri

Don’t Dictate Terms

Even for businesses where workers aren’t unionized, it still behooves employers to avoid simply dictating to workers what returning to work will look like — particularly in places where spiking coronavirus numbers make second closures possible.

“I think it’s going to be important for employers to listen to what the specific concerns are and in an effort to try and engage in a dialogue with employees [to see] if maybe there’s an opportunity to resolve it or at least put some additional parameters in place that might give employees an additional comfort level,” said Kristen Gallagher, a partner at McDonald Carano LLP.

Otherwise, employers might find themselves in a situation where their return-to work plan is marred by employees not showing up. If there is no legal protection available, businesses will have to decide “whether or not they end up terminating that employment relationship,” according to Gallagher.

“I think the best practice like with many situations is having that understanding of where the employees are coming from,” Gallagher said.

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McDonald Carano has been shaping Nevada’s legal, business, and policy landscape since our founding in 1949. With more than 60 lawyers and government affairs professionals working from offices in Reno, Las Vegas, and Carson City, we are Nevada’s law firm for business. Our local, national and international clients include Fortune 500 corporations, fast-growth and mid-market companies, entrepreneurs and startups, non-profit organizations, government entities, and high-net-worth individuals. Our attorneys deliver cross-discipline, one-stop, business law and government affairs counsel. Please visit mcdonaldcarano.com

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